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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