The FCJ held that the right to claim priority, which is in fact the right to file a follow-up application, can be transferred to a third party who was not the applicant of the earlier application. This transfer is governed by the law of the earlier application, in this case German law. Neither German law nor the EPC requires a specific form for such a transfer. Therefore, a transfer is also possible implicitly.

The full summary of this case has been published on Kluwer IP Law.


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