Facts
- DE-S filed by Susanne on 20 September 2024 (Germany).
- EP-W filed by Walter on 22 September 2025, claiming priority from DE-S.
- On 29 September 2025, Walter files a letter asserting entitlement and submits a contract signed 18 September 2025 transferring the priority right from Susanne to Walter.
The legal questions are: (i) whether EP-W is filed in time for priority, (ii) the deadline to make a priority declaration, and (iii) whether entitlement depends on when the transfer (and its proof) occurs.
Priority period and weekend extension
Article 87(1) EPC provides a 12-month priority period from the filing date of the first application.
The computation of year/month periods follows Rule 131 EPC (same day-number in the relevant later month/year).
If the last day falls on a day when the EPO filing offices are not open for receipt of documents (e.g., weekend), the period is extended to the next open day under Rule 134(1) EPC.
- 12 months from 20 Sep 2024 ends on 20 Sep 2025 (Saturday).
- Therefore, the last day is extended to Monday 22 Sep 2025.
So EP-W filed on 22 Sep 2025 is still within the priority period.
Deadline to declare priority
Under Rule 52(2) EPC, the priority declaration should preferably be made on filing, but it may still be made within 16 months from the earliest priority date claimed.
So any “14-month” rule is incorrect.
Entitlement and timing of transfer vs proof
Under Art. 87(1) EPC, the priority right belongs to the applicant of the earlier filing or their successor in title.
Case law makes clear that if the later applicant is not the same person, they must be successor in title when the subsequent application is filed; a transfer after filing is not sufficient.
However, the EPC does not impose strict formalities for the transfer, and the Guidelines (post G 1/22 / G 2/22 approach) recognise a rebuttable presumption that an applicant complying with the formal priority-claim requirements is entitled, meaning evidence is typically only needed if entitlement is challenged.
In this case, the transfer contract is dated 18 Sep 2025, i.e. before EP-W’s filing date (22 Sep 2025). Therefore, the substantive requirement for entitlement is met; filing the evidence on 29 Sep 2025 does not by itself invalidate the priority claim.
Answers to the statements
a) Time limit expires on 23 July 2025 — True
Two months from deemed notification on 23 May 2025 ends 23 July 2025.
b) Time limit expires on 28 July 2025 — False
This date corresponds to counting from the actual receipt date (26 May 2025) and then applying a weekend extension. But the relevant trigger is deemed notification of the decision (here: the date it bears).
c) Time limit expires on 25 August 2025 — False
This would only make sense if the Rule 140 correction restarted the appeal period (e.g., 2 months from late June, with weekend adjustment). It does not.
d) Time limit expires on 26 August 2025 — False
Same issue as (c): no restart of the appeal time limit by Rule 140 correction.
Exam Tip:
Separate three timelines:
- Priority period (Art. 87(1) + Rule 131 + Rule 134 for weekends).
- Deadline to declare priority (Rule 52(2): up to 16 months).
- Entitlement timing: the transfer must exist by the filing date of the later application, but evidence is typically only needed if entitlement is questioned (rebuttable presumption).
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.