Legal framework
Mr. Brown plans to disclose invention X-1 publicly on 16 September 2025 (press conference) and wants to file EP-X as a first filing for X-1. The statements test (i) what is required to obtain a date of filing and (ii) whether a same-day disclosure becomes prior art, plus (iii) the priority right.
Filing date requirements (Rule 40 EPC)
A European patent application is accorded a filing date if the filed documents contain:
- an indication that a European patent is sought,
- information identifying the applicant or allowing the applicant to be contacted, and
- a description or a reference to a previously filed application.
This is set out in Rule 40(1) EPC. There is no requirement in Rule 40(1) to pay a filing fee or to include claims to obtain the filing date.
Answers to the statements
a) Filing fee is necessary to obtain a filing date — False
Payment of the filing fee is not among the minimum requirements for a filing date under Rule 40(1) EPC.
b) If the filing-date requirements are only fulfilled on 16 September 2025, the press conference becomes prior art — False
If EP-X obtains the filing date on 16 September 2025, then the press conference disclosure on that same date is not “before the date of filing” within the meaning of Art. 54(2) EPC, and therefore does not become prior art for EP-X under the EPC’s date-based rule.
(Practically: to avoid any real-world evidentiary debate, filing before the press conference is still best practice.)
Priority right (Paris Convention concept reflected in Art. 87 EPC)
Article 87(1) EPC provides that a person who has “duly filed” a first application in or for a Paris Convention state (or WTO member) enjoys a right of priority for filing a European patent application in respect of the same invention within 12 months. EP filings can likewise serve as the “first filing” from which priority is claimed in later filings.
c) At least one claim is necessary to obtain a filing date — False
Rule 40(1) EPC requires a description (or reference), not claims. Claims are required later for the application to proceed, but not for according the filing date.
Novelty cut-off and same-day disclosure (Art. 54(2) EPC)
Under Article 54(2) EPC, the state of the art comprises everything made available to the public before the date of filing of the European application (or its effective priority date).
d) If a filing date is accorded, Mr. Brown enjoys a right of priority from EP-X — True
Once EP-X is “duly filed” (i.e., accorded a filing date), it can serve as the basis for a Paris-type priority right (reflected in Art. 87 EPC) for subsequent filings within 12 months.
Exam Tip:
- For filing-date questions, recite Rule 40(1) EPC: indication EP sought + applicant ID/contact + description/reference (no fees, no claims).
- For novelty timing, remember Art. 54(2) = “before the date of filing” (same date ≠ prior art under EPC’s date approach).
- Once you have a filing date, think priority right under Art. 87 EPC (Paris Convention concept).
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.