EQE Practice Questions - European Qualifying Examination Exam

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A European application A1 was filed on 10 March 2024 and published on 12 September 2025. A later European application A2 was filed on 5 January 2025. With respect to A2's novelty, how is the content of A1 treated under Article 54(3) EPC?

A1 is not prior art for A2 because it published after A2's filing date A1 forms part of the state of the art for novelty only, not inventive step A1 forms part of the state of the art for both novelty and inventive step A1 is only relevant if both designate the same contracting states

Correct Answer:

A1 forms part of the state of the art for novelty only, not inventive step

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