European patent - Prior rights and rights arising on the same date

Submitted by European Patent... on Wed, 2016-06-01 15:58

According to Article 139 of the European Patent Convention (EPC) ,

 

1)

In any designated European Patent Convention (EPC) Contracting State a European patent application and a European patent shall have with regard to a national patent application and a national patent the same prior right effect as a national patent application and a national patent.

 

2)

A national patent application and a national patent in a EPC Contracting State shall have with regard to a European patent designating that EPC Contracting State the same prior right effect as if the European patent were a national patent.

 

3)

Any EPC Contracting State may prescribe whether and on what terms an invention disclosed in both a European patent application or patent and a national application or patent having the same date of filing or, where priority is claimed, the same date of priority, may be protected simultaneously by both applications or patents.

 

Prepared by European Patent Registration and Consulting Services

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