Article 139 – Prior rights and rights arising on the same date - The European Patent Convention, Convention on the Grant of European Patents – (European Patent Convention), Part VIII – Impact on national law, Chapter II – Revocation and prior rights
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In any designated Contracting State a European patent application and a European patent shall have with regard to a national patent application and a national patent the same prior right effect as a national patent application and a national patent.
A national patent application and a national patent in a Contracting State shall have with regard to a European patent designating that Contracting State the same prior right effect as if the European patent were a national patent.
Any Contracting State may prescribe whether and on what terms an invention disclosed in both a European patent application or patent and a national application or patent having the same date of filing or, where priority is claimed, the same date of priority, may be protected simultaneously by both applications or patents.