G1/15 (partial priority) – is the end near for poisonous self-collision?

27 June 2016

Oral proceedings before the Enlarged Board of Appeal in connection with referral G1/15 (partial priority) were held in Munich on 7 June 2016.  

Click here to download a short overview of the main arguments presented by both sides at the oral proceedings, as well as comments made by the representative of the President of the EPO and questions posed by the members of the Enlarged Board of Appeal to each party.

The key points are also summarised below:

  • Oral Proceedings for G1/15 (partial priority) were held before the Enlarged Board of Appeal on 7 June 2016.
  • The Enlarged Board has therefore now heard all of the submissions from the Patentee/Appellant and from the Opponent/Respondent, and must now decide whether or not to affirm the conceptual approach to partial priority and thereby dismiss the “poisonous” propositions. 
  •  With the President of the EPO in favour of the conceptual approach, such an outcome might be expected (or hoped for).
  • However, with the independent status of the Enlarged Board of Appeal, this is not a foregone conclusion and we must wait until November 2016 to find out whether the Enlarged Board of Appeal has dismissed the “poisonous priority” and “poisonous divisional” propositions. 
Our Expert
David Hammond
David Hammond
Location: Bristol (UK) The Netherlands (NL)

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