Priority Entitlement in Europe – Current Best Practice

Formal issues with priority claims can have significant consequences at the EPO. Commercially important patents have been found invalid over intervening prior art following a successful challenge to a patentee’s legal entitlement to claim priority. This webinar will review European case law and practice in this area and outline practical steps and measures that can be taken by applicants to help safeguard priority claims in Europe. We will also look forward to potential developments in the assessment of priority entitlement at the EPO in view of the referrals of the Enlarged Board of Appeal pending as G 1/22 and G 2/22.

Topics covered will include:

• Keeping track of who holds the right to claim priority as a procedural right
• A round-up of key cases at the EPO on law and practice relating to priority entitlement
• The background leading to EPO Enlarged Board referrals G 1/22 and G 2/22
• Practical advice to help mitigate against attacks on priority claims in Europe