G 1/22 and G 2/22: Oral Proceedings Scheduled for 26 May 2023

The Enlarged Board of Appeal have now scheduled the hearing relating to G1/22 and G2/22 for 26 May 2023. As well as the extent of the jurisdiction of the EPO, the questions referred to the Enlarged Board relate to scenarios in which a priority application was filed in the name of party A, but the subsequent PCT named party A as applicant for the US only and party B as applicant for other designated states (including Europe).  In such a scenario, can party B validly claim priority at the EPO?  This topic looks to be of particular interest to US practitioners, amongst others, and we look forward to reporting on future developments.  In the meantime, read our primer on the background to the referrals and potential outcomes of the decision here.