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Guidelines for Examination

 
 
6.4
Priority claim 

An application may claim the priority of a previous application with regard to unavailable biological material mentioned in F-III, 6.1. In this case, the invention is considered disclosed in the previous application for the purpose of the priority claim under Art. 87(1) only if the deposit of the biological material was made no later than the date of filing of the previous application and in accordance with the requirements of the country in which it was filed. Also, the reference to the deposit in the previous application must be made in a manner enabling it to be identified. Where the deposit of the biological material referred to in the European patent application is not the same as the deposit referred to in the priority, it is up to the applicant, if the EPO considers it necessary, to provide evidence that the biological material is identical (see also Notice from the EPO dated 7 July 2010, OJ EPO 2010, 498).