BREAKING: Antidote found for poisonous priorities
The Enlarged Board of Appeal at the EPO has issued its order in case G 1/15, but not yet its decision. From the order, it appears that poisonous priorities have been neutralised. The Enlarged Board has said:
A generic "OR"-claim is one that covers multiple alternatives without spelling them out. If such a claim can have partial priority to an earlier application that disclosed one of those alternatives, then the implication is that the publication of the earlier (priority) application cannot deprive the later application of novelty under Article 54(3) EPC.
For more explanation of the issues, see the IPKat's earlier posts here and here, the excellent discussion from Tufty the Cat here, and the article by Malcolm Lawrence beginning on page 23 of in "epi Information" 1/2015, available here.
When the reasoned decision becomes available, the IPKat will let you know.
Under the EPC, entitlement to partial priority may not be refused for a claim encompassing alternative subject-matter by virtue of one or more generic expressions or otherwise (generic "OR"-claim) provided that said alternative subject-matter has been disclosed for the first time, directly, or at least implicitly, unambiguously and in an enabling manner in the priority document. No other substantive conditions or limitations apply in this respect.
A generic "OR"-claim is one that covers multiple alternatives without spelling them out. If such a claim can have partial priority to an earlier application that disclosed one of those alternatives, then the implication is that the publication of the earlier (priority) application cannot deprive the later application of novelty under Article 54(3) EPC.
For more explanation of the issues, see the IPKat's earlier posts here and here, the excellent discussion from Tufty the Cat here, and the article by Malcolm Lawrence beginning on page 23 of in "epi Information" 1/2015, available here.
When the reasoned decision becomes available, the IPKat will let you know.