European patent - Declaration of priority

Submitted by European Patent... on Thu, 2020-07-02 17:12

According to Rule 52 of the European Patent Convention (EPC) Implementing Regulations (IR)

(1)
The declaration of priority referred to a previous filed application shall indicate the date of the previous filing, the State party to the Paris Convention or Member of the World Trade Organization in or for which it was made and the file number. In the case referred to in Article 87, paragraph 5, of EPC (regulating when the first filing has been made with an industrial property authority which is not subject to the Paris Convention for the Protection of Industrial Property or the Agreement Establishing the World Trade Organization), the first sentence shall apply mutatis mutandis.

(2)
The declaration of priority shall preferably be made on filing the European patent application. It may still be made within sixteen months from the earliest priority date claimed. 

(3)
The applicant may correct the declaration of priority within sixteen months from the earliest priority date claimed, or, where the correction would cause a change in the earliest priority date claimed, within sixteen months from the corrected earliest priority date, whichever sixteen-month period expires first, provided that such a correction may be submitted until the expiry of four months from the date of filing accorded to the European patent application.

(4)
However, a declaration of priority may not be made or corrected after a request of the applicant for publishing European patent application, before the expiry of a period of eighteen months from the date of filing or, if priority has been claimed, from the date of priority, has been filed.

(5)
The particulars of the declaration of priority shall appear in the published European patent application and the European patent specification. 

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