Article 28

Right based on prior use of the invention

Agreement On A Unified Patent Court

Part 1 – General and institutional provisions

Chapter 5 – Sources of Law and Substantive Law

Article 28 – Right based on prior use of the invention

Any person, who, if a national patent had been granted in respect of an invention, would have had, in a Contracting Member State, a right based on prior use of that invention or a right of personal possession of that invention, shall enjoy, in that Contracting Member State, the same rights in respect of a patent for the same invention.

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