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Guidelines for Examination

 
 
5.4.3
Copy of the claimed priority 

The copy of the priority application which is required for the request according to Rule 56(3) does not need to be certified. However, if the applicant does provide a certified copy in the context of his request according to Rule 56(3), he will not need to provide it again in the context of his priority claim according to Rule 53(1).

Where a copy of the claimed priority is already available to the EPO under Rule 53(2) in accordance with the conditions laid down by the President, the applicant does not need to file it at all. Currently, this applies where the claimed priority is one of the following (see the Decision of the President of the EPO dated 9 August 201217 March 2009, OJ EPO 2012, 4922009, 236):

(a)
a European application 
(b)
an International application filed with the EPO as receiving Office 
(c)
a Chinese patent or utility model application
(d)(c)
a Japanese patent or utility model application 
(e)(d)
a Korean patent or utility model application 
(f)(e)
a US patent application or provisional patent application subject to the document exchange agreement with the USPTO (see OJ EPO 2007, 473, and A-III, 6.7).