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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  
6.5.2 Correcting an existing priority claim 6.5.1 Filing a new priority claim 6.5.3 Deficiencies in the priority claim and loss of the priority right  

6.5.2

Correcting an existing priority claim

 

The applicant may correct the declaration of priority within 16 months from the earliest priority date. Where the correction causes a change in the earliest claimed priority date, this time limit is the earlier to expire of:

Rule 52(3)



(i)

16 months from the earliest priority date as originally claimed.

 

(ii)

16 months from the earliest priority date as corrected.

 

However, this time limit cannot expire earlier than four months after the date of filing. Thus, if the originally claimed priority date is incorrect and precedes the date of filing by more than twelve months, the applicant will always have at least four months to correct this date, i.e. the same period as if he had claimed the correct priority date (and for example got the file number wrong) and claimed a full twelve-month priority period.

 

If the applicant files a request for correction later it may, exceptionally, be allowed if it is apparent on the face of the published application that a mistake has been made (see V, 3 and other sources therein).

 


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