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On the opposite hand, this decision just isn’t excellent news for parties who want to challenge the precedence declare / the best to assert precedence, as they now carry the burden of proof and must ‘demonstrate that specific details support critical doubts in regards to the subsequent applicant’s entitlement to priority’, see paragraph a hundred and ten of the choice. Dr. Natalie Kirchhofer, patent attorney at C&F provides, “it will be interesting to see how parties will interpret and make use of the “rebuttable presumption” of entitlement to precedence, however the choice could be expected to improve the place of patent proprietors and enhances probabilities for the upkeep of property rights of progressive companies”. In its answer to the first referral query, the Enlarged Board of Attraction confirmed the EPO’s competence to assess entitlement to priority and acknowledged a rebuttable presumption that candidates are entitled to assert priority. Although often the inventors and the businesses agreed that the precedence claim of the following PCT-application ought to be valid, disputes have arisen prior to now in opposition proceedings before the EPO when third events questioned a formally valid transfer of the priority proper from the inventors as candidates of the priority utility to the corporate as applicant of the following PCT utility.