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• The two cases raised a number of interesting factors regarding entitlement to claim priority.
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On the opposite hand, this choice isn't excellent news for events who wish to challenge the precedence declare / the right to claim priority, as they now carry the burden of proof and should ‘demonstrate that specific details assist critical doubts concerning the subsequent applicant’s entitlement to priority’, see paragraph a hundred and ten of the decision. Dr. Natalie Kirchhofer, patent attorney at C&F adds, "will most likely be fascinating to see how events will interpret and make use of the “rebuttable presumption” of entitlement to precedence, but the decision could be expected to improve the position of patent proprietors and enhances possibilities for the maintenance of property rights of revolutionary companies". In its answer to the primary referral question, the Enlarged Board of Appeal confirmed the EPO’s competence to evaluate entitlement to priority and acknowledged a rebuttable presumption that candidates are entitled to claim precedence. Though usually the inventors and the companies agreed that the precedence declare of the subsequent PCT-application must be valid, disputes have arisen in the past in opposition proceedings before the EPO when third parties questioned a formally legitimate transfer of the priority proper from the inventors as applicants of the precedence application to the corporate as applicant of the subsequent PCT application.

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