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.
What is UPCA 028?
This is Article 028 from the UPCA (Übereinkommen über ein Einheitliches Patentgericht), which is part of the legal framework governing the Unified Patent Court in Europe.
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This legal text is from the official UPCA framework governing the Unified Patent Court.
Reference: UPCA 028 (Article 028)