LEGAL DECISIONS

07.07.2021: General Court of the European Union (EuG) extends priority period for EU designs to 12 months

The priority period for EU designs is now 12 months instead of the (usual) 6 months priority period if the applications invokes a priority of a PCT patent application.

The ECJ (newly) stated that the priority right and thus also its time limit must be established according to the earlier application, and that the later design is not relevant for this.

This was justified by the fact that the priority period begins to run on the date of this application and consequently the creation of the priority right itself as well as the beginning of the priority period depend on the earlier right and its application.

This now offers the opportunity to register design protection in Europe for a significantly longer period for product designs specifically disclosed in a patent application.

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