The IP Federation has filed an amicus curiae brief with observations on the questions referred to the Enlarged Board of Appeal of the European Patent Office (EPO) on case G1/15 (Partial priority).
The first question referred to the Enlarged Board of Appeal on this case is as follows:
- Where a claim of a European patent application or patent encompasses alternative subject-matters by virtue of one or more generic expressions or otherwise (generic “OR”-claim), may entitlement to partial priority be refused under the EPC for that claim in respect of alternative subject-matter disclosed (in an enabling manner) for the first time, directly, or at least implicitly, and unambiguously, in the priority document?
The IP Federation is urging the Enlarged Board to follow the reasoning of the amicus curiae brief from BUSINESSEUROPE and to answer the first question ‘no’.
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