Restoration of priority
The EPO as ISA must consider any priority claim to be valid if the international application claiming the priority right is filed within two months after expiry of the priority year ("retention principle"). Therefore, even if no request for restoration of priority has been filed or if such a request has been rejected or has not yet been decided on at the time the international search is carried out, this has no bearing on the procedure before the ISA (see point 135).

Quick Navigation