13 July 2022
The President of the EPO yesterday submitted written comments to the Enlarged Board of Appeal on consolidated cases G 1/22 and G 2/22, "Entitlement to priority". The referrals concern the question whether the EPO under Article 87(1) EPC has the competence to examine an applicant's entitlement to claim, as successor in title, the priority of a patent application filed by another person. The referring board also seeks clarification on whether the joint filing of an international (PCT) patent application fulfils the requirements of Article 87(1) EPC when priority is claimed from a patent application that was filed by only some of the applicants for the PCT application.
The written comments are available as of today in the publicly accessible files in the European Patent Register.