EuropeDouble patenting at the European Double patenting at the European

Until recently, double patenting was considered so irrelevant and rare that neither the 1973 nor the 2000 version of the European Patent Convention (EPC) included any explicit provision on the matter. While double patenting has increased in relevance, case law on the subject from the European Patent Office (EPO) remains contradictory, with decisions diverging on fundamental principles. However, growing interest in the subject may soon lead to a referral to the EPO’s Enlarged Board of Appeal (EBA). This chapter offers some preliminary considerations on aspects that might require clarification by the EBA.

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