6.7.2 Electronic retrieval of priority documents

At the request of the applicant, the EPO will include free of charge in the file of a European patent application a copy of the previous application from which priority is claimed retrieved via the WIPO Digital Access Service (DAS). DAS permits the automatic electronic exchange of priority documents between participating patent offices. The participating offices are published on the WIPO website (wipo.int/das/en/participating_offices). Applicants may request the office of first filing (OFF) to make certified copies of previously filed patent applications available to DAS and then request offices of second filing (OSF) to retrieve the copies via DAS by indicating the DAS access code(s) corresponding to the previous application(s) (see the decision of the President of the EPO dated 13 November 2021, OJ EPO 2021, A83, and the notice from the EPO dated 22 February 2019, OJ EPO 2019, A27).

If a priority document cannot be retrieved via DAS or if the applicant has not requested retrieval via DAS, the The EPO will include free of charge a copy of the previous application in the file of the European patent application, if the previous application is:

(i)a European patent application 

(ii)an international application filed with the EPO as receiving Office under the PCT. 

No request is necessary for this. If the language of the previous application was not one of the official EPO languages, it may still be necessary to file the translation or declaration under Rule 53(3) (see A‑III, 6.8).

Where the applicant has already supplied a copy of the priority document in connection with a request to base late-filed parts of the description or drawings on the claimed priority under Rule 56 (see A‑II, 5.4(v)) or to base correct application documents or parts on the claimed priority under Rule 56a (see A‑II, 6.4(v)), there is no need to file it again. However, if the copy already provided was not certified as to its content and/or date of filing date, the applicant will need to provide the missing certification a certified copy within the above time limit.

If applicants fail to provide a certified copy of the priority document within the above-mentioned period (Rule 53(1)), the EPO will invite them to provide it within a two-month period under Rule 59. This period can be extended under Rule 132(2) (see E‑IX, 2.3.5 for Euro-PCT applications), but further processing is ruled out by Rule 135(2). If the applicant fails to provide it within this period, the priority right in question is lost (Art. 90(5)).

A copy of the previous application that cannot be included in the file will not be deemed duly filed under Rule 53(2). The EPO will inform applicants in good time and give them an opportunity to file the certified copy in accordance with Rule 53(1) (see the decision of the President of the EPO dated 13 November 2021, OJ EPO 2021, A83, and the notice from the EPO dated 13 November 2021, OJ EPO 2021, A84).