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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 III EXAMINATION OF FORMAL REQUIREMENTS CHAPTER II FILING OF APPLICATIONS AND EXAMINATION ON FILING CHAPTER IV SPECIAL PROVISIONS  
6. Claim to priority (see also C-V) 5. Designation of inventor 7. Title of the invention  
6.5 Declaration of priority 6.4 Examination of the priority document 6.6 Priority period  
6.5.1 Filing a new priority claim   6.5.2 Correcting an existing priority claim  

6.5.1

Filing a new priority claim

 

The declaration of priority should preferably be made on filing, but can be made up to 16 months from the earliest priority date claimed. That is to say, items (i)- (iii) mentioned in III, 6.5 can be supplied up to 16 months after the earliest claimed priority. Where the priority claim is inserted after the filing date and causes a change in the earliest priority date, this 16 month period is calculated from that new earliest priority date in accordance with Art. 88(2).

Rule 52(2)



The applicant cannot request further processing in respect of the time limit for introducing a new priority claim under Rule 52(2), since it is excluded by Rule 135(2).

 


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