European patent - Priority documents

According to Rule 53 of the European Patent Convention (EPC) Implementing Regulations (IR) ,

An applicant claiming priority shall file a copy of the previous application within sixteen months of the earliest priority date claimed. This copy and the date of filing of the previous application shall be certified as correct by the authority with which that application was filed.

The copy of the previous application shall be deemed to be duly filed if a copy of that application available to the European Patent Office (EPO) is to be included in the file of the European patent application under the conditions determined by the President of the European Patent Office.

Where the previous application is not in an official language of the European Patent Office and the validity of the priority claim is relevant to the determination of the patentability of the invention concerned, the European Patent Office shall invite the applicant for or proprietor of the European patent to file a translation of that application into one of the official languages within a period to be specified. Alternatively, a declaration may be submitted that the European patent application is a complete translation of the previous application. Paragraph 2 of this rule shall apply mutatis mutandis. If a requested translation of a previous application is not filed in due time, the right of priority for the European patent application or for the European patent with respect to that application shall be lost. The applicant for or proprietor of the European patent shall be informed accordingly.


Prepared July 25th , 2020

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