Rule 38 64

Declaration of priority and priority documents

Art. 93, 98
R. 41, 49, 111

(1) The declaration of priority referred to in Article 88, paragraph 1, shall state the date of the previous filing and the State in or for which it was made and shall indicate the file number.

(2) The date and State of the previous filing must be stated on filing the European patent application; the file number shall be indicated before the end of the sixteenth month after the date of priority.

(3) The copy of the previous application must be filed before the end of the sixteenth month after the date of priority. The copy must be certified as an exact copy of the previous application by the authority which received the previous application and must be accompanied by a certificate issued by that authority stating the date of filing of the previous application.

(4)65 The copy of the previous application shall be deemed duly filed if a copy of that application available to the European Patent Office is to be included in the file of the European patent application under the conditions laid down by the President of the European Patent Office.

(5) The translation of the previous application required under Article 88, paragraph 1, must be filed within a time limit to be set by the European Patent Office, but at the latest within the time limit under Rule 51, paragraph 4. Alternatively, a declaration may be submitted that the European patent application is a complete translation of the previous application. Paragraph 4 shall apply mutatis mutandis.

(6) The particulars stated in the declaration of priority shall appear in the published European patent application and also on the European patent specification.

64 Last amended by decision of the Administrative Council of 18.10.2001 which entered into force on 01.07.2002 (OJ EPO 2001, 488 ff).

65 See decision of the President of the EPO dated 22.12.1998 (OJ EPO 1999, 80).

Cross-reference list
R. 38(1), (2), (6) R. 52
R. 38(3), (4), (5) R. 53

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