Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

An international application may claim the priority of an earlier application. As a rule the priority document, i.e. a certified copy of the application from which priority is claimed, will be available to the EPO (see point 138). However, if this is not the case, the applicant is given an opportunity to file that document upon entry into the European phase (see points 615 ff).

The EPO also recognises a priority claim from an application filed in or for any member of the World Trade Organization (WTO) that is not party to the Paris Convention for the Protection of Industrial Property (see points 128 ff).

A request for restoration of the right of priority may be filed with the EPO as designated/elected Office (see points 624 ff).