| Date of decision |
31 May 2001 |
|
| Case number |
G 0002/98 - - |
|
|
|
|
|
|
|
| Title of the application |
- |
|
|
|
|
Headnote
The requirement for claiming priority of "the same invention", referred to in Article 87(1)
EPC, means that priority of a previous application in respect of a claim in a European patent application in accordance with
Article 88 EPC is to be acknowledged only if the skilled person can derive the subject-matter of the claim directly and
unambiguously, using common general knowledge, from the previous application as a whole. |
|
|
Keywords
"Interpretation of the concept of "the same invention" referred to in Article 87(1) EPC"
"Consistency of the interpretation with the Paris Convention and the EPC"
"Conformity of the interpretation with
principles of equal treatment and legal certainty and with the requirement of consistency as regards assessment of novelty and
inventive step" |
|
|
|
|
