Decision regarding partial priorities issued by EPO

06.02.2017


Decision <link https: register.epo.org external-link-new-window internal link in current>G1/15 of the Enlarged Board of Appeal regarding partial priorities was just issued by EPO.
According to this decision, a generic OR claim encompassing alternative subject matter may not be refused partial priority, provided the alternative subject matter has been directly, at least implicitly, and unambiguously disclosed in the priority document(s).
All proceedings before EPO examining and opposition divisions in which the decision was depending entirely on the outcome of this decision G1/15 (see stay of proceedings dated <link https: www.epo.org law-practice legal-texts official-journal a92.html external-link-new-window internal link in current>02/10/2015) now resume.
See EPO <link https: www.epo.org news-issues news external-link-new-window internal link in current>communication.