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

 
 
Table of Contents - Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office
XIII. Priority claim
Filing a translation of the priority document or the declaration
Non-observance of the requirement to file the translation or declaration
Non-observance of the requirement to file the translation or declaration
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If the required translation or declaration is not filed in due time, the intermediate document(s) which resulted in the validity of the priority claimed becoming relevant for the assessment of patentability will be considered as belonging to the prior art under Article 54(2) or (3) EPC, as applicable.
623
If the applicant fails to observe the time limit, he may request further processing. The request will be granted if within two months from notification of the loss of rights the required translation or declaration is filed and the fee for further processing paid. 
 
Art. 121 EPC
R. 135 EPC
Art. 2.12 RFees
GL/EPO A-III, 6.8