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Decision of the President of the European Patent Office dated 25 June 2007 on the filing of priority documents

The President of the European Patent Office, having regard to Rules 38(4) and 111(2) of the European Patent Convention (EPC), has decided as follows:

Article 1

Inclusion of a copy of the previous application in the file of a European patent application

The European Patent Office shall include free of charge in the file of a European patent application a copy of the previous application from which priority is claimed if the previous application is:

1. a European patent application;
2. an international application filed with the European Patent Office as receiving Office under the Patent Cooperation Treaty (PCT);
3. a Japanese patent or utility model application;
4. an international application filed with the Japanese Patent Office as receiving Office under the PCT;
5. a Korean patent or utility model application;
6. a United States provisional or non-provisional patent application.

Article 2

Information to the applicant

1. As soon as the European Patent Office has included in the file of the European patent application a copy of the previous application from which priority is claimed, it shall inform the applicant accordingly, unless the previous application is a European patent application or an international application filed with the European Patent Office as receiving Office under the PCT.
   
   
2. If a copy of the previous application cannot be included in the file, it shall not be deemed duly filed under Rule 38(4) EPC. The European Patent Office shall inform the applicant accordingly in good time and give him an opportunity to file the copy subsequently in accordance with Rule 38(3) EPC.
   

Article 3

Euro-PCT applications

Articles 1 and 2 shall also apply to international applications entering the European phase before the European Patent Office as designated or elected Office (Rule 111(2) EPC).

Article 4

Earlier decisions superseded

On entry into force of the present decision, the decision dated 9 January 2007 on the filing of priority documents (OJ EPO 2007, 94) shall cease to apply.

Article 5

Entry into force

This decision shall enter into force on 1 July 2007. It shall be applicable to all European patent applications filed as from that date and to international applications entering the European phase as from that date.

Done at Munich, 25 June 2007

Alain POMPIDOU
President