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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)
6.5 Declaration of priority
6.5.3 Deficiencies in the priority claim and loss of the priority right
6.5.3
Deficiencies in the priority claim and loss of the priority right 

Three potential deficiencies exist with regard to the priority claim, namely:

Art. 90(4) and (5)

(i)
failure to indicate a date of the previous application or to indicate the correct date 
(ii)
failure to indicate a state or WTO member in or for which it was filed or to indicate the correct state or WTO member 
(iii)
failure to supply a file number or to indicate the correct file number. 

Deficiencies (i) and (ii) can only be corrected in accordance with the procedures and within the time limit indicated in A-III, 6.5.2. Failure to correct either of these deficiencies in time results in the loss of the priority right in question according to Art. 90(5). Further processing does not apply to the time limit under Rule 52(3), since it is excluded by Rule 135(2).

However, where the applicant has failed to indicate the file number of the previous application, as required by Rule 52(1), before expiry of the time limit under Rule 52(2), he is invited by the EPO to provide it within a period to be specified according to Rule 59. Failure to reply in time to this communication results in the loss of the priority right in question according to Art. 90(5). Further processing does not apply to the time limit under Rule 59 either, since it is also excluded by Rule 135(2).

References

Art. 90(4) and (5)