2.4 Some examples of determining priority dates
2.4.3 Multiple priorities claimed for different inventions in the application with an intermediate publication of one of the inventions
|
A revised version of this publication entered into force, see here |
EP claims priority of P1 and P2, D is the disclosure of A+B.
1.1.90 |
1.2.90 |
1.3.90 |
1.6.90 |
Filing |
Publication |
Filing |
Filing |
P1 |
D |
P2 |
EP |
A + B |
A + B |
A + B + C |
claim 1: A + B |
claim 2: A + B + C |
As the priority of P1 is valid in respect of the subject-matter of claim 1, publication D is not state of the art under Art. 54(2) for that claim. Claim 2 cannot benefit from the priority of P1, as it does not concern the same subject-matter. Thus, publication D is state of the art under Art. 54(2) for that claim (see G 3/93). It is immaterial whether claim 2 is in the form of a dependent or independent claim.