6.7.3 Invitation to file a certified copy

If applicants fail to provide a certified copy of the priority document within the 16-month period under Rule 53(1) (A‑III, 6.7), the EPO will invite them to provide it within a two-month period under Rule 59. This period can be extended under Rule 132(2) (for Euro-PCT applications, see A‑XIII, 11.2), but further processing is ruled out by Rule 135(2). If the applicant fails to provide the certified copy within this period, the priority right in question is lost (Art. 90(5)).

A copy of the previous application that cannot be included in the file will not be deemed duly filed under Rule 53(2). The EPO will inform applicants in good time and give them an opportunity to file the certified copy in accordance with Rule 53(1) (see the decision of the President of the EPO dated 13 November 2021, OJ EPO 2021, A83, and the notice from the EPO dated 13 November 2021, OJ EPO 2021, A84).