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Case Law of the Boards of Appeal

 
 
8.2.3 Rule 52(3) EPC

New R. 52(3) EPC introduced the possibility to correct the declaration of priority. New R. 52(2) EPC and (3) EPC apply the time periods laid down in the PCT for the addition or correction of priority claims to Euro-direct applications, with the necessary terminological adjustments, in order to avoid treating Euro-PCT and Euro-direct applications differently. Pursuant to R. 52(3) EPC, an applicant may correct a declaration of priority within 'sixteen months from the earliest priority date claimed, or, where the correction would cause a change in the earliest priority date claimed, within sixteen months from the correct earliest priority date, whichever sixteen-month period expires first, provided that such correction may be submitted until the expiry of four months from the date of filing accorded to the European patent application'. However, for easy publication, a declaration of priority may not be made or corrected after a request under Art. 93(1)(b) EPC has been filed (R. 52(4) EPC).