1. How (not) to kill European Patent Applications originating from the US EPLAW Annual Congress Klaus Haft, Hoyng ROKH Monegier Brussels, November 28th, 2019

2. Transfer of priorities
Venice Panel:
David Kappos, USA
Giovanni Pricolo, EPO Boards of Appeal
Tobias Bremi, Switzerland
Klaus Haft (Moderator)

3. Transfer of priorities
Art. 87 (1) EPC: Any person who has duly filed, in or for any State party to the Paris Convention for the Protection of Industrial Property or member of the WTO, an application for a patent, a utility model or a utility certificate, or his successor in title, shall enjoy, for the purpose of filing a European patent application in respect of the same invention, a right of priority during a period of twelve months from the date of filing of the first application.
EPO case law: priority rights are assignable independently of the corresponding patent application, and furthermore their assignment may be restricted to specific countries

4. Transfer of priorities

5. Transfer of priorities
J19/87, T1008/96, T160/13, T205/14: application of national law when assessing the formal validity of the assignment
T725/14: no guidance in EPC on which national law
T1103/15: if US law, the federal or state law?
T1103/15: “If a party makes statements about conclusions to be drawn on the basis of the applicable national law, it has to file suitable evidence…”
T62/05: the transfer of priority rights has to be proven in writing and shall require the signature of the parties to the contract

6. Klaus Haft Partner
Klaus obtained his physics degree in 1997, became an attorney in 2002, and advises on patent infringement litigation cases, subsequent litigation regarding damages as well as licenses in the entire area of intellectual property law, particularly in the fields of patents. His particular focus is on electronics, semiconductors, software, standards, optics, electrics and general mechanics. He studied in Würzburg and Munich. He completed his degree thesis in 1997 as a member of the Spin Muon Collaboration at the European Center for Particle Physics, CERN, in Geneva, Switzerland. Parallel to his studies, he started in 1990 to specialize in intellectual property law and, in particular, in patent law.
Klaus is Past President and member of the advisory board of the European Patent Lawyers Association (EPLAW) as well as board member and Past-Secretary of the Licensing Executives Society (LES) Germany.

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