Guidelines for Examination:PART C: CHAPTER V PRIORITY, 2. Determining priority dates, 2.4 Some examples of determining priority dates, 2.4.4 A situation in which it has to be checked whether the application from which priority is actually...

Guidelines for Examination
PART C
CHAPTER V PRIORITY
2. Determining priority dates
2.4 Some examples of determining priority dates
2.4.4 A situation in which it has to be checked whether the application from which priority is actually...

HOME

E / D / F


PART C
CHAPTER V PRIORITY
2. Determining priority dates
2.4 Some examples of determining priority dates

2.4.3 Multiple priorities claimed for different inventions in the application with an intermediate...

2.4.4

A situation in which it has to be checked whether the application from which priority is actually claimed is the "first application" in the sense of Art. 87(1):

P1 is the earliest application of the same applicant containing the invention. EP claims the priority of the later US application P2, which is a "continuation-in-part" of P1. D is a public disclosure of A+B.

1.7.89

1.1.90

1.6.90

1.12.90

filing

publication

filing

P2 (cip)

A + B

claim 1: A + B

A + B + C

claim 2: A + B + C

The priority claim of P2 for claim 1 is not valid as P2 is not the "first application" for this subject-matter in the sense of Art. 87(1), but P1, which has "left rights outstanding" in that P2 is a "continuation-in-part" thereof. Therefore Art. 87(4) does not apply and this is not altered by an abandonment, withdrawal, refusal or non-publication of P1. D is prior art pursuant to Art. 54(2) against claim 1, but not against claim 2, as the latter claim has the earlier priority of P2.