G 2/98 Explained

G 2/98
Enlarged Board of Appeal of the European Patent Office
Issued May 31, 2001
Board composition
Chairman: Peter Messerli Members: W. Moser, C. Andries, G. Davies, J.-C. Saisset, R. Teschemacher, E. Turrin
Headwords
Requirement for claiming priority of the "same invention"

G 2/98 is an opinion of the Enlarged Board of Appeal of the European Patent Office (EPO) issued on May 31, 2001, after a point of law was referred to it by the President of the EPO (pursuant to). The case pertains to the interpretation of the legal concept of "the same invention" in (i.e., a priority right claimed in a European patent application can only be enjoyed for "the same invention"). The Enlarged Board of Appeal in G 2/98 provided clarity to that concept.^[1] Namely, the Board held that In other words, the Board has ruled that a strict interpretation of ‘the same invention’ is appropriate.^[2]

See also

• Amendments under the European Patent Convention

External links

• Decision G 2/98,

Notes and References

1. Book: Benkard. Europäisches Patentübereinkommen 2. Auflage 2012. 2012. C.H.Beck. European Patent Convention 2nd edition 2012. EPÜ Artikel 88 Inanspruchnahme der Priorität (Grabinski). Article 88 EPC Claiming priority (Grabinski). Rn 11-17 . 978-3-406-60579-6.
2. Book: Visser, Derk. The Annotated European Patent Convention. 2016. H. Tel Publisher B.V.. Art. 87: Priority right . 9789078310143.