In our previous article we discussed the referral to the Enlarged Board of Appeal regarding questions on entitlement to priority (G1/22 and G2/22).
The EPO has now implemented a stay on any proceedings which are dependent on the outcome of the questions posed to the Enlarged Board of Appeal.
The stay concerns examination and opposition proceedings where the entitlement to claim priority as successor in title under Article 87(1) EPC is relevant for the division's decision and there is no evidence (beyond a possible PCT request) that the priority right was transferred from the applicant of the priority application to the applicant of the application in question before the filing date of the latter.
If proceedings are stayed, the examining or opposition division will inform the parties accordingly. In addition, there will be no communications setting time limits to reply , or any further communication until the Enlarged Board of Appeal has issued its decision. Once a decision has been made, parties will be notified regarding resumption of the proceedings.
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