INFORMATION FROM THE EPO
Decisions of the President of the EPO
Decision of the President of the European Patent Office dated 9 January 2007 on the filing of priority documents
The President of the European Patent Office, having regard to Rules 38(4) and 111(2) EPC, has decided as follows:
Article 1
Inclusion of a copy of the previous application in the file of a European patent application
The European Patent Office shall include free of charge a copy of the previous application, from which priority is claimed, in the file of the European patent application, if the previous application is:
(a) a European patent application;
(b) an international application filed with the European Patent Office as receiving Office under the Patent Cooperation Treaty;
(c) a Japanese patent or utility model application;
(d) an international application filed with the Japanese Patent Office as receiving Office under the Patent Cooperation Treaty, or
(e) a United States provisional patent, patent or utility model application.
Article 2
Information to the applicant
(1) As soon as the European Patent Office has included in the file of the European patent application a copy of the previous application, from which priority is claimed, it shall inform the applicant accordingly, unless the previous application is a European patent application or an international application filed with the European Patent Office as receiving Office under the PCT.
(2) If a copy of the previous application fails to be included, the copy shall not be deemed duly filed under Rule 38(4) EPC. The European Patent Office shall inform the applicant accordingly in good time and give him an opportunity to file the copy subsequently in accordance with Rule 38(3) EPC.
Article 3
Euro-PCT applications
Articles 1 and 2 shall apply also to international applications entering the European phase before the European Patent Office as designated or elected Office (Rule 111(2) EPC).
Article 4
Earlier decisions superseded
On entry into force of the present decision, the decision dated 22 December 1998 on the filing of priority documents (OJ EPO 1999, 80) and the decision dated 9 March 2000 on the inclusion of priority documents in the files of European patent applications (OJ EPO 2000, 227) shall cease to apply.
Article 5
Entry into force
This decision shall enter into force on 16 January 2007. It shall be applicable to all European patent applications filed as from that date and to international applications which enter the European phase as from that date.
Done at Munich, 9 January 2007
Alain POMPIDOU
President