Secondly, the EBA have decided that the applicant claiming precedence benefits from a ‘rebuttable presumption’ underneath the EPC that they’re entitled to claim such priority. Firstly, the EBA have decided that the EPO is competent to assess whether or not a party is entitled to say precedence beneath Article 87(1) EPC. Does the EPC confer jurisdiction on the EPO to find out whether or not a party validly claims to be a successor in title as referred to in Article 87(1)(b) EPC? The precedence claimed in the PCT-application is in compliance with Article 4 of the Paris Convention? A PCT-application designates get together A as applicant for the US only and get together B as applicant for different designated States including regional European patent safety daytonaspin casino and I. Does the EPC confer jurisdiction on the EPO to find out whether or not a party validly claims to be a successor in title as referred to in Article 87(1)(b) EPC?
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Additional, some patentees and candidates may have been nervous that this referral could have resulted in them having to show the validity of the precedence claim upon filing / declaring precedence. This is a big departure from latest case regulation, the place the burden of proof was with the patent proprietor to level out that the precedence claim was valid when challenged. This means that the EPO will assume that entitlement to priority is legitimate, offered the declaration of precedence is made as required under Article 88(1) EPC. This means that the entitlement to precedence is taken into account legitimate until proven in any other case.