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The certified copy of the previous application, i.e. the priority document, must be filed within 16 months of the priority date (see A-III, 6.7, for Euro-PCT cases see, however, E-VIII, 2.3.5), unless such a copy is already on file because it has been supplied in the context of Rule 40(3), see A-II, 4.1.3.1, or of a request pursuant to Rule 56, see A-II, 5.4.3.
Moreover, in accordance with Rule 53(2) and the Decision of the President of the EPO dated 17 March 2009, OJ EPO 2009, 236, the EPO will include a copy of the previous application in the file of the European patent application without charging a fee, if the previous application is:
No request is necessary to this end. If the previous application is a United States application, please see the Notice from the European Patent Office dated 27 June 2007 concerning practical aspects of the electronic exchange of priority documents between the EPO and the USPTO (OJ EPO 2007, 473). As soon as the EPO has included in the file of the European patent application a copy of the previous application, it informs the applicant accordingly.