6.5 Declaration of priority 

An applicant wishing to claim priority must file a declaration of priority indicating:

(i)the date of the previous application 

(ii)the state or WTO member in or for which it was filed  

(iii)its file number. 

The declaration of priority should preferably be made on filing the European patent application (Rule 52(2)). In such a case the declaration of priority, indicating at least the date on which and the country for which the earlier application was filed, should be included on the request for grant form (Rule 41(2)(g)). However, if a priority claim is added or corrected after the request for grant form has been filed (see A‑III, 6.5.1 and A-III, 6.5.2), the applicant will not be invited by the EPO to file a corrected request for grant.

The time limit for filing the certified copy of the priority document is the same as for making the priority claim (see A‑III, 6.5.1 and A-III, 6.7). Consequently, where:

(a)the applicant supplies the certified copy on time and 

(b)the date and file number are indicated on the certified copy 

the requirements of Rule 52(1) are met.