6.4 Correct application documents based on priority application, no change in the filing date

If, after the filing date, the applicant corrects the application documents (or parts) in accordance with the procedures explained in A‑II, 6.1 or A‑II, 6.2, then the date of filing does not change, provided that all of the following criteria are satisfied:

(i)the correct application documents (or parts) are filed within the applicable time limit*

(ii)the application claims priority on the date on which the requirements of Rule 40(1) were fulfilled (see A‑II, 4.1 and A‑II, 6.4.1)

(iii)the applicant requests that the correct application documents be based on the claimed priority (see A‑II, 6.4.1) in order to avoid a change in the date of filing, and does so within the applicable time limit*

(iv)the correct application documents are completely contained in the priority application (see A‑II, 6.4.1)

(v)the applicant files a copy of the priority application within the applicable time limit* unless such a copy is already available to the EPO under Rule 53(2) (see A‑II, 6.4.2)

(vi)where the priority application is not in an official language of the EPO, the applicant files a translation into one of those languages within the applicable time limit* unless such a translation is already available to the EPO under Rule 53(3) (see A‑II, 6.4.3)

(vii)the applicant indicates where in the priority application and, if applicable, where in its translation, the correct application documents are completely contained, and does so within the applicable time limit* (see A‑II, 6.4.2).

*For the applicable time limit, see whichever of A‑II, 6.1 or A‑II, 6.2 applies.

Where the conditions for including the correct application documents or parts under Rule 56a(4) are fulfilled, the date of filing remains unchanged. The correct application documents or parts are included in the application and the erroneously filed parts remain in the application as filed. The EPO informs the applicants of this in a communication under Rule 56a(4). The erroneously filed documents may only be removed by amending the application during the grant proceedings and subject to Art. 123(2).

Where criterion (i) is not satisfied, any filing of the correct application documents or parts is deemed not to have been made. In this case, the filing date does not change and the erroneously filed application documents or parts remain in the application. The EPO will send a communication informing the applicant of this in accordance with Rule 56a(5).

If the request according to Rule 56a(4) does not comply with one or more of criteria (ii)-(iv) above, then the date of filing will change to the date on which the EPO received the correct application documents or parts. The correct application documents or parts will be included in the application and the erroneously filed application documents or parts will be deemed not to have been filed. The EPO will send a communication informing the applicant of this in accordance with Rule 56a(3).

If the request according to Rule 56a(4) does not comply with one or more of criteria (v)-(vii) above, then the date of filing will change to the date on which the EPO received the correct application documents or parts and the erroneously filed application documents or parts will be deemed not to have been filed. The EPO will send a communication informing the applicant of this in accordance with Rule 56a(6).