European patent - Deficiencies in claiming priority

According to Rule 59 and other rules of the European Patent Convention (EPC) Implementing Regulations (IR),

If the file number of the previous application under Rule 52, paragraph 1 of the EPC IR, (containing the declaration of priority indicating 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) or the copy of that application under Rule 53, paragraph 1 of the EPC IR, ( copy and the date of filing of the previous application are to be certified as correct by the authority with which that application was filed), have not been filed in due time to the European Patent Office by the applicant claiming priority, the European Patent Office shall inform the applicant accordingly and invite him to file them within a period to be specified.

If the above requested is not filed in due time, the right of priority for the European patent application with respect to that application shall be lost. The applicant shall be informed accordingly.


Prepared December 23rd , 2020


Prepared by European Patent Registration and Consulting Services
prov. by Lawyers Antevski member of network of ARI INTERNATIONAL Law & Trade from Liechtenstein