The German Federal Supreme Court decides about the transfer of a priority claim

In a decision of April 16, 2013 (X ZR 49/12) the German Federal Supreme Court came to the conclusion that the transfer of the right to claim a priority of a German patent application is not subject of a form requirement even if the priority shall be claimed for the benefit of a European patent application. In this case the validity of the transaction is subject to German law which does not provide a form requirement. Herewith the German Federal Supreme Court contradicts a decision of the Technical Board of Appeal of the European Patent Office of November 14, 2006 (T62/05)