Osha Attorneys
Osha Attorneys
Osha Attorneys
Osha Attorneys
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The collective expertise of our global team distinguishes OBWB in the field of Intellectual Property Law. We align our best resources to meet each client's specific needs and we treat each matter with the highest degree of attention and care.

12600 Hill Country Blvd.
Suite 275, Austin   TX 78738
P: 512.480.0667
F: 713.228.8778

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Osha Liang LLP
1200 Pearl St. Ste. 314
Boulder, CO   80302
P: 713.228.8600
F: 713.228.8778

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8/F, Hangzhou Kerry Center
385 Yan An Rd.
Hangzhou, China   310006
P: +86.571.2689.2537
F: +86.571.2689.2700

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Two Houston Center
909 Fannin
Suite 3500, Houston   TX 77010
P: 713.228.8600
F: 713.228.8778

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2 Rue de la Paix
75002 Paris, France
P: +33.1.4494.8630
F: +33.1.4494.8631

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Level 28 Shinagawa Intercity Tower A
2-15-1 Konan Minato-ku
Tokyo, Japan   108-6028
P: 81.3.6717.2877
F: 81.3.6717.2878

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1701 Pennsylvania Ave.
NW Suite 200
Washington, DC   20006
P: 713.228.8600
F: 713.228.8778

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Prohibition of Double Patenting in the European Patent Office Confirmed

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The Enlarged Board of Appeal, in decision G4/19 issued on June 22, 2021, held that a European patent application can be refused in examination by reason of the prohibition on double patenting, thus excluding two European patents being granted to the same applicant for the same invention. In the case at issue, the scope of a European patent application was identical to the scope of a European patent granted to the same applicant, from which the European patent application-in-suit claimed priority, and was thus refused by the Examining Division. 


This prohibition, now confirmed by the highest judicial authority under the European Patent Convention, should be taken into account by applicants in case of two European patent applications filed on the same date, in case of European applications having a common (national or European, i.e., internal) priority, in case of a European application and of a divisional application thereof, and in case of a European patent application claiming the priority of a previous European application (internal priority), once one of the two applications is granted. Accordingly, it is not possible to extend the protection conferred by a European patent by one year by using the internal priority mechanism.

A fuller explanation and article on decision G4/19 will appear in the July issue of our newsletter.