Enlarged Board – Poisonous Priority/Poisonous Divisional - the decision

14 December 2016

The Order of the EPO Enlarged Board of Appeal in connection with referral G1/15 (partial priority / poisonous divisionals), was issued on 29 November 2016. The full reasons are expected to follow soon.

Because of the active interest around the world in the questions of whether European law allows a prior art effect between members of the same European patent family, and how partial priority within a generic claim is to be determined under European law, a brief commentary on the Order of 29 November 2016 can be downloaded here.

Click here to view a short outline on the Oral proceedings before the Enlarged Board of Appeal in connection with referral G1/15 (partial priority) that were held in Munich on 7 June 2016. 

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David Brown
David Brown
Location: Bristol (UK)

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