6.5 Declaration of priority
Overview
A revised version of this publication entered into force. |
An applicant wishing to claim priority must file a declaration of priority indicating:
(i)the date of the previous application,
(ii)the state or WTO member in or for which it was filed and
The declaration of priority shall preferably be made on filing the European patent application (Rule 52(2)). In such a case the declaration of priority, indicating at least the date on which and the country for which the earlier application was filed, should be present in the request for grant form (Rule 41(2)(g)). However, if a priority claim is added or corrected after the request for grant form has been filed (see A‑III, 6.5.1 and A‑III, 6.5.2), the applicant will not be invited by the EPO to file a corrected request for grant.
The time limit for filing the certified copy of the priority document is the same as the time limit for making the priority claim (see A‑III, 6.5.1 and A‑III, 6.7). Consequently, where:
(a)the applicant supplies the certified copy on time, and
(b)the date and file number are indicated on the certified copy,
the requirements of Rule 52(1) are met.