Article 83

EUROPEAN PATENT OFFICE

Information from the EPO

Decision of the President of the European Patent Office dated 13 November 2021 on the filing of priority documents

The President of the European Patent Office, having regard to Rules 53(2) and 163(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

(1) At the request of the applicant, 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 retrieved via the WIPO Digital Access Service using the indicated access code.

(2) 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:

(a) a European patent application,

(b) an international application filed with the European Patent Office as receiving Office under the Patent Cooperation Treaty (PCT).

(3) If a copy of the previous application cannot be included in the file, it shall not be deemed duly filed under Rule 53(2) EPC.

Article 2
Information to the applicant

If a copy of the previous application cannot be included in the file because the applicant has not filed a request under Article 1(1) or if the European Patent Office is unable to retrieve a copy of the previous application via the WIPO Digital Access Service, the European Patent Office shall inform the applicant accordingly in good time and give them an opportunity to file the copy subsequently in accordance with Rule 53(1) 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 163(2) EPC).

Article 4
Previous decisions superseded

When this decision enters into force, the decision dated 31 March 2020 on the filing of priority documents (OJ EPO 2020, A57) shall cease to have effect.

Article 5
Entry into force

This decision shall enter into force on 1 January 2022.

Done at Munich, 13 November 2021

António CAMPINOS

President