5.4.3
Copy of the priority application

The copy of the priority application which is required for the request according to Rule 56(3) does not need to be certified. However, if the applicant does applicants do provide a certified copy in the context of his their request according to Rule 56(3), he they will not need to provide it again in the context of his their priority claim according to Rule 53(1).

Where a copy of the priority document is already available to the EPO under Rule 53(2) in accordance with the conditions laid down by the President, the applicant does not need to file it at all. See also A‑III, 6.7. Currently, this applies where the priority application is one of the following (see the Decision of the President of the EPO dated 18 October 2018, OJ EPO 2018, A78):

(a)
a European application
(b)
an international application filed with the EPO as receiving Office
(c)
a Chinese patent or utility model application
(d)
a Japanese patent or utility model application
(e)
a Korean patent or utility model application
(f)
a US provisional or non-provisional patent application (see also A‑III, 6.7).

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