4. Identity of invention
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  8. 4.2. Disclosure as the basis for the right to priority under Article 87(1) EPC
  9. 4.2.2 Qualification for partial priority
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4.2. Disclosure as the basis for the right to priority under Article 87(1) EPC

Overview

4.2.2 Qualification for partial priority – G 1/15

The following qualification was made in T 282/12, a case which concerned "partial priority" (see also G 1/15, OJ 2017, A82): assessing priority by performing a test under Art. 123(2) EPC could lead to wrong conclusions in certain circumstances because the concept of "partial" validity of an amendment does not exist, whereas "partial priority" does (see also fuller summaries in chapters II.D.5.1. and II.D.6.3.3 below). See also G 1/15 in this chapter II.D.6.3.2.

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