G 2/98

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 Article 112(1)(b) EPC). The case pertains to the interpretation of the legal concept of "the same invention" in Article 87(1) EPC (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.Namely, the Board held that

G 2/98

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 Article 112(1)(b) EPC). The case pertains to the interpretation of the legal concept of "the same invention" in Article 87(1) EPC (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.Namely, the Board held that