Some Much-Needed (Applicant-Friendly) Clarification on Priority Claims at the European Patent Office


On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a consolidated decision in cases G1/22 and G2/22 clarifying a common issue regarding the validity of a priority claim made at the EPO. Per the Board of Appeal, there is a rebuttable presumption that an Applicant claiming priority is entitled to claim that priority.

Read the full client alert here.