31/05/10
Priority in Europe - Everything you wanted to know but did not want to ask
Both granted patents and applications in the examination phase can, and often do, fail on the basis of the invalidity of the priority claim combined with a prejudicial disclosure made available to the public in between the priority and filing dates.
Notwithstanding the often critical reliance placed on the priority claim, it is surprisingly common to find that European-specific aspects of substantive and procedural priority requirements are overlooked.
What follows is intended to provide a wide-reaching discussion of priority requirements in Europe, whilst recognising that nuances and variations inherent in specific cases may fall outside of the scope of this general overview.
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