EUROPEAN PATENT OFFICE
Information from the EPO
Notice from the European Patent Office dated 16 January 2025 concerning the issuing of electronic priority documents
1. Following the decision of the Administrative Council of the European Patent Organisation recommending a common practice in regard to issuing and accepting electronic priority documents,1 the European Patent Office (EPO) will begin issuing priority documents in electronic format upon request. This important advance will serve as a complement to the EPO's participation in the WIPO Digital Access Service (DAS) for the exchange of certified copies of previously filed patent applications (priority documents).2
2. Users wishing to receive the priority document electronically instead of on paper will be able to request certified copies of European patent applications and international (PCT) applications in electronic format (electronic priority documents) via MyEPO Portfolio.3 Any electronic priority document requested by such means will be made available via Mailbox.
3. The practice of issuing electronic priority documents will be introduced in two phases. The first will be a pilot phase starting in February 2025. During that phase, only MyEPO Portfolio pilot participants will receive electronic priority documents via MyEPO Portfolio when they select Priority document under the action Request a certified copy. Pilot participants wishing to obtain a priority document on paper will have to select Other and duly indicate this in the related free text field.
4. Upon further announcement on the EPO website, all users requesting priority documents via MyEPO Portfolio will receive an electronic priority document when they select Priority document under the action Request a certified copy. Priority documents will continue to be issued on paper if so indicated in the free text field available after selecting Other or if the request is filed by means other than MyEPO Portfolio.
5. The EPO issues electronic priority documents in accordance with the technical specifications published in the Official Journal.4 The technical specifications may be updated or replaced upon further announcement in the Official Journal. Further formal and technical requirements are indicated in MyEPO Portfolio and in the accompanying documentation made available to users.
6. Certified copies, including priority documents issued electronically, remain free of charge if requested via MyEPO Portfolio.5
1 Common practice in regard to issuing and accepting electronic priority documents, available at epo.org/en/law-practice/convergence-of-practice.
2 See the notice from the European Patent Office dated 22 February 2019 concerning priority document exchange via the WIPO Digital Access Service (DAS) for European patent applications and for international applications filed with the EPO in its capacity as receiving Office (OJ EPO 2019, A27).
3 See the decision of the President of the European Patent Office dated 9 February 2024 concerning the web-based online service MyEPO Portfolio and electronic notification to the Mailbox in proceedings under the EPC and the PCT (OJ EPO 2024, A20) and the accompanying notice of the same date (OJ EPO 2024, A21).
4 See the technical specifications for electronic priority documents under Article 2 of the decision of the President of the European Patent Office dated 16 January 2025 concerning electronic priority documents (OJ EPO 2025, A8).
5 See the decision of the President of the European Patent Office dated 25 January 2024 revising the Office's fees and expenses (OJ EPO 2024, A5).