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Oral hearings on the EPO’s competency to assess an issue suggest that the board is unlikely to upset the apple cart, explain Jamie Atkins and Abi Heath of Kilburn & Strode.
It is certainly an exciting time at the EPO—barely two months have passed since the long awaited “plausibility” decision (G 2/21), and the EPO Enlarged Board of Appeal (EBA) has just held oral proceedings to help it decide on another highly anticipated referral—this time on legal entitlement to priority (G 1/22 and G 2/22).
The EBA has been asked two questions, which can be summarised as follows:
1: Is the EPO competent to assess whether a party validly claims to be a successor in title?
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European Patent Office, board of appeal, entitlement to priority, G 2/21, G1 /22, G2 /22, successor in title, priority claims