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Priority and First Application under the EPC

Question 12

Detailed Answer with Legal References

Statement a) — False

If EP-2 claims priority from EP-1, then for claim 1 (X), EP-1 is the first application disclosing X.

Under Art. 87(1) EPC, a valid priority can be claimed.

Effective date for claim 1 is therefore 11 July 2024 (filing date of EP-1), not 2025.

Statement b) — True

EP-1 does not disclose Y.

Since there is no disclosure of Y in EP-1, it cannot provide a valid priority right for claim 2.

Therefore, the effective date of claim 2 is the filing date of EP-2 → 11 July 2025.

Statement c) — True

If EP-2 claims priority from US-1 for claim 1 (X):

US-1 is not the first application for X (EP-1 already disclosed X).

Under Art. 87(4) EPC, priority from US-1 is invalid for X.

Therefore, effective date for claim 1 is 11 July 2025 (filing date of EP-2).

Statement d) — False

For claim 2 (Y), EP-1 does not disclose Y.

US-1 (filed 7 Jan 2025) is the first application for Y.

Under Art. 87(1) EPC, priority from US-1 is valid.

Therefore, effective date is 7 Jan 2025, not 11 July 2025.

Exam Tip

Always check who is the first application for the specific subject-matter.

If an earlier application discloses the subject-matter, later ones cannot be used as priority basis (Art. 87(4) EPC).

Priority can be mixed claim by claim (X vs Y in this case).

Legal Disclaimer

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