Thursday 8 February

Transfer of priority rights following G1/22 and G2/22: the changing role of the EPO

When and where

Date and time

Start: Thursday 8 February 2024, 12:30 PM

End: Thursday 8 February 2024, 01:30 PM

Event Overview

The EPO’s Enlarged Board of Appeal recently handed down its decisions G1/22 and G2/22 relating to questions about the transfer of priority rights. These decisions have important implications for applicants (and proprietors) claiming priority and provide clarity on the EPO’s competency to assess the transfer of priority rights, the EPO’s presumption about the applicant’s right to claim priority, and the burden and standard of proof for challenging that presumption. The decisions have the potential to change EPO opposition practice profoundly and block many speculative challenges to priority entitlement which had become routinely deployed by opponents in the EPO. James Warner from Carpmaels & Ransford, who represented Novartis in the referring case and before the Enlarged Board, will discuss the Enlarged Board decisions, their wider implications, and remaining questions.




James Warner, Carpmaels & Ransford

James Warner, Carpmaels & Ransford

James leads the Pharmaceuticals team at Carpmaels & Ransford and “is well-known for handling multi-opponent oppositions, including rare cases with more than 10 opponents” (IAM1000) having chalked up over ten opposition defences of eight or more opponents on his CV . His practice focuses exclusively on medicinal chemistry inventions for pharmaceutical innovators and has earned a particular reputation defending cases involving clinical trial disclosures, and has represented, or is representing, patent proprietors in many of the leading cases in this space. He has also represented before the EPO’s Enlarged Board of Appeal on a number of occasions, having prosecuted two petitions for review and representing Novartis before the Enlarged Board of Appeal on the questions around the EPO’s competence to examine the transfer of priority rights and the validity of the joint applicant’s approach (G1/22).

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