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Guidelines for Examination

 
 

6.9 Non‑entitlement to right to priority

A European patent application has no right to priority if:

(i)
the application was not filed within the twelve-month period referred to in A‑III, 6.1(iii) and the applicant has neither:
(a)
corrected the priority date on time (see A‑III, 6.5.2), such that the date of filing of the European application no longer exceeds the twelve-month priority period under Art. 87(1), nor
(b)
successfully requested re-establishment of rights in respect of the priority claim (see A‑III, 6.6)
(ii)
the previous application did not seek an industrial property right giving rise to a priority right (see A‑III, 6.1); or
(iii)
the previous application does not give rise to a priority right in respect of the State, WTO member or industrial property authority in or for which it was filed (see A‑III, 6.1(i) and 6.2).