6. Conflict with national rights of earlier date 

Where there is a national right of an earlier date in a contracting state designated in the application, applicants have several amendment options. First, they can withdraw the designation of that contracting state from the application. Second, they can file claims for that state which are different from the claims for the other designated states (see H‑II, 3.3 and H‑III, 4.4). Third, they can limit the existing set of claims in a way that makes the earlier national right irrelevant.

In opposition or limitation proceedings, the proprietor may file claims differing from the claims for the other contracting states or limit the existing set of claims in a way that makes the earlier national right irrelevant (see H‑III, 4.4 and D‑X, 10.1).

In opposition proceedings, the proprietor may also request revocation of the patent for the contracting state where there is an earlier national right (see D‑I, 3; D‑VIII, 1.2.5; E‑VIII, 8.4). However, this is not possible in limitation or revocation proceedings (see D‑X, 3).

Amending the application to take account of prior national rights is not to be required or suggested (see also H‑III, 4.4). However, if the claims have been amended, amending the description and drawings is to be required if necessary to avoid confusion.