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Nevertheless, this might be welcome information to patentees as the existence of a rebuttable presumption could make it simpler to rely on precedence claims, even the place the applicant for the European patent utility just isn’t the identical as the applicant for the precedence application. This determination might make it harder for opponents to challenge precedence claims in opposition proceedings before the EPO. Furthermore, the Enlarged Board of Appeal have confirmed that, the place a PCT is filed by two parties, claiming precedence from an application filed by solely certainly one of these two events, the joint submitting of the PCT application implies an settlement between the parties to rely on the precedence, even the place different candidates are designated for different states. The EPO have printed the eagerly anticipated G1/22 and G2/22 decision of the Enlarged Board of Attraction, offering guidance on the evaluation of precedence claims on the EPO.

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