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Guidelines for Examination

 
 
Table of Contents - Guidelines for Examination
Part A Guidelines for Formalities Examination
Chapter III – Examination of formal requirements
6. Claim to priority (see also F-VI)
6.10 Loss of right to priority
6.10
Loss of right to priority 

The right to priority for a European patent application is lost where:

Art. 90(4) and (5)

(i)
the declaration of priority is not filed in due time (see A-III, 6.5.1);
(ii)
the declaration of priority is not corrected in due time (see A-III, 6.5.2 and 6.5.3); or
(iii)
the copy of the previous application is not filed in due time (see A-III, 6.7).
References

Art. 90(4) and (5)