The EPO’s Enlarged Board of Appeal recently handed down its hotly anticipated decision in the consolidated cases G1/22 and G2/22, which relate to questions referred about the transfer of priority rights, having wide implications for applicants claiming priority. The decision provides clarity on the EPO’s competency to assess the transfer of priority rights, the EPO’s presumption about the applicant’s right to claim priority, and the burden and standard of proof for challenging that presumption. The decision has the potential to change EPO opposition practice profoundly and block many speculative challenges to priority entitlement which had become routinely deployed by opponents in the EPO.
Our rapid reaction event will consider the Enlarged Board decision, its wider implications and remaining questions, and also look at the impact under UK law.
AIPPI UK is privileged to have, as our speakers, James Warner (Partner, Carpmaels & Ransford), who represented Novartis in the referring case and before the Enlarged Board itself, and Trevor Cook (Of Counsel, Bird & Bird), who has advised extensively on the subject and acted for AbbVie in the successful defence of its claim to priority in the Fuijfilm litigation.
Book early to avoid disappointment. In person only event.