According to the German Patent Act, an applicant or his successor in title may file within 12 months from the filing date of an earlier patent or utility model application a later patent application in Germany, claiming the priority of the first. Under German legal practice, it has been clear for a long time that where the first application is a foreign application, the priority right could be assigned to the applicant of the later German patent application independently of the first foreign application, so without assigning the first. It was unclear whether this is also the case with a national first filing. There was commentary literature that in such cases the applicant (or legal successor) of first and later filing needs to be identical to validly claim a priority. In a recently decided case, the German Federal Patent Court made it clear that the national priority right is also an independent and freely assignable right, which can be validly transferred to a legal successor without assigning the first national application.