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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART A GUIDELINES FOR FORMALITIES EXAMINATION General Part PART B  
CHAPTER II FILING OF APPLICATIONS AND EXAMINATION ON FILING CHAPTER I INTRODUCTION CHAPTER III EXAMINATION OF FORMAL REQUIREMENTS  
5. Late filing of drawings or parts of the description 4. Examination on filing    
5.4 Missing parts based on priority, no change in filing date 5.3 The filing date changes 5.5 Withdrawal of late-filed missing drawings/parts of the description  
5.4.3 Copy of the claimed priority 5.4.2 The missing parts are completely contained in the claimed priority 5.4.4 Translation of the priority  

5.4.3

Copy of the claimed priority

 

The copy of the priority application which is required for the request according to Rule 56(3) does not need to be certified. However, if the applicant does provide a certified copy in the context of his request according to Rule 56(3), he will not need to provide it again in the context of his priority claim according to Rule 53(1).

 

Where a copy of the claimed priority is already available to the EPO under Rule 53(2) in accordance with the conditions laid down by the President, the applicant does not need to file it at all. Currently, this applies where the claimed priority is one of the following (see the Decision of the President of the EPO dated 12 July 2007, Special edition No. 3, OJ EPO 2007, B.1):

 

(a)

a European application

 

(b)

an International application filed with the EPO as receiving Office

 

(c)

a Japanese patent or utility model application

 

(d)

an International application filed with the Japanese Patent Office as receiving Office, or

 

(e)

a Korean patent or utility model application

 

(f)

a US patent application or provisional patent application subject to the document exchange agreement with the USPTO (see III, 6.7).

 


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