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Guidelines for Examination

 
 
6.5
Declaration of priority 

An applicant wishing to claim priority must file a declaration of priority indicating:

(i)
the date of the previous application, 
(ii)
the State or WTO member in or for which it was filed and 
(iii)
its file number. 

The declaration of priority shall preferably be made on filing the European patent application (Rule 52(2)). In such a case the declaration of priority, indicating at least the date on which and the country for which the earlier application was filed, should be present in the Request for grant form (Rule 41(2)(g)). However, if a priority claim is added or corrected after the Request for grant form has been filed (see A-III, 6.5.1 and 6.5.2), the applicant will not be invited by the EPO to file a corrected Request for grant under Rule 58.

The time limit for filing the certified copy of the priority document is the same as the time limit for making the priority claim (see A-III, 6.5.1 and 6.7). Consequently, where:

(a)
the applicant supplies the certified copy on time 
(b)
it is in an official language of the EPO 
(c)
the date and file number are indicated on the certified copy 

then the requirements of Rule 52(1) with regard to providing the date and file number of the priority are met.