Legal Entitlement To Priority – A European Perspective

Attacking a patentee’s legal entitlement to priority is now a well-established tactic in European Patent Office opposition proceedings and in invalidity actions during national litigation. If successful, the patent claims can be rendered invalid by the effect of intervening prior art. Challenges to priority entitlement can also arise during examination proceedings via third party observations, and they are increasingly being raised by EPO examiners. EPO case law in this area is not settled and has been evolving in recent years. This webinar draws on the significant experience of J A Kemp’s attorneys in opposition and litigation matters. We will discuss issues relating to the conveyance of the right of priority in the case of sole and joint applicants, and we will highlight current best practices to mitigate against possible pitfalls in Europe.

Topics include:

• How the right of priority differs from the right to grant
• How to mitigate against an invalid priority claim in the event of a transfer
• How to mitigate against an invalid priority claim if there are multiple applicants
• What law applies when assessing legal entitlement to priority
• Some recent developments at the European Patent Office