National prior rights against a unitary patent
One of the known problems with the unitary patent is its relation to national prior rights. We will explain this situation with an example.
For example, suppose company A files a national patent application NL1 disclosing an invention A only in the Netherlands. Later, company B files a European patent application EP1 at the EPO claiming A and A+B; no priority is claimed. NL1 is validly published by the Dutch patent office after B's filing.
Application NL1 is a national prior right against EP1. It is only valid for novelty.
What will happen to the European application of company B?
For example, suppose company A files a national patent application NL1 disclosing an invention A only in the Netherlands. Later, company B files a European patent application EP1 at the EPO claiming A and A+B; no priority is claimed. NL1 is validly published by the Dutch patent office after B's filing.
Application NL1 is a national prior right against EP1. It is only valid for novelty.
What will happen to the European application of company B?
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