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However, in a shocking growth, the Enlarged Board of Attraction also state of their choice that there’s a “rebuttable presumption” that a precedence claim is valid, even where the applicant(s) for the European patent software usually are not equivalent to the applicant(s) for the precedence software. We would counsel that parties who are at present in proceedings, where lack of entitlement to priority is a key concern, evaluation their case in view of this choice. The EBA additional reiterates that the ‘rebuttable presumption’ that the entitlement to precedence exists, mentioned with regards to question I, fully applies to the state of affairs addressed in query II additionally. In apply, this ‘rebuttable presumption’ commonplace will reverse the burden of proof, i.e., “the celebration difficult the subsequent applicant’s entitlement to priority has to prove that this entitlement is missing” (paragraph 110 of the decision)rather than the patentee or applicant. One Other particular focal point within the choice is that the EBA have decided that, even where the applicant(s) for the priority application and the European patent software are different, there is a “rebuttable presumption” that a priority claim is valid.