EUROPEAN PATENT CONVENTION 1973 - Table of Contents CONVENTION PART VIII - IMPACT ON NATIONAL LAW Chapter II - Revocation and prior rights Article 139 - Rights of earlier date or the same date

Article 139 100 Rights of earlier date or the same date

Art. 138, 140 R. 87

(1) In any designated Contracting State a European patent application and a European patent shall have with regard to a national patent application and a national patent the same prior right effect as a national patent application and a national patent.

(2) A national patent application and a national patent in a Contracting State shall have with regard to a European patent in which that Contracting State is designated the same prior right effect as they have with regard to a national patent.

(3) Any Contracting State may prescribe whether and on what terms an invention disclosed in both a European patent application or patent and a national application or patent having the same date of filing or, where priority is claimed, the same date of priority, may be protected simultaneously by both applications or patents.

100 See decisions of the Enlarged Board of Appeal G 1/03, G 2/03 (Annex I).