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 provide a certified copy in the context of his request according to Rule 56(3), he will not need to provide it again in the context of his 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. Currently, this applies where the priority application is one of the following (see the Decision of the President of the EPO dated 9 August 2012, OJ EPO 2012, 492 18 October 2018, OJ EPO 2018, A78):

a European application 
an international application filed with the EPO as receiving Office 
a Chinese patent or utility model application 
a Japanese patent or utility model application 
a Korean patent or utility model application 
a US patent application orprovisional or non-provisional patent application subject to the document exchange agreement with the USPTO (see OJ EPO 2007, 473, andalso A‑III, 6.7).

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