GL A III 6.9 Non-entitlement to right to priority

A European patent application has no right to priority if:
(i)the application was not filed within the twelve-month period referred to in A‑III, 6.1(iii) and the applicant has neither:[Art. 87(1); ]
(a)corrected the priority date on time (see A‑III, 6.5.2), such that the date of filing of the European application no longer exceeds the twelve-month priority period under Art. 87(1) or that the priority date is no longer the same as the date of filing (see A‑III, 6.6), nor
(b)successfully requested re-establishment of rights in respect of the priority claim (see A‑III, 6.6)
(ii)the previous application did not seek an industrial property right giving rise to a priority right (see A‑III, 6.1); or[Art. 87(1); ]
(iii)the previous application does not give rise to a priority right in respect of the state, WTO member or industrial property authority in or for which it was filed (see A‑III, 6.1(i) and 6.2).[Art. 87(1); (4); ]

Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/a_iii_6_9.htm

Date retrieved: 17 May 2021

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