Where the applicant claims the priority of an earlier application, a certified copy of that earlier application ("the priority document") must be filed with the receiving Office or the International Bureau within 16 months after the priority date. However, if the earlier application was filed with the receiving Office, the applicant may request that the receiving Office transmits a certified copy of the earlier application to the International Bureau. For that purpose a check-box is provided in Box No. VI of the PCT request form.
Please note that the procedure whereby the EPO includes free of charge a copy of the previous application from which priority is claimed in the file of a European patent application does not apply in respect of an international application processed by the EPO as receiving Office (see point 618). Moreover, the obligation to furnish the priority document cannot be met by a request to the IB under the Digital Access Service (DAS) to retrieve that document from an electronic library, because the EPO does not participate in this system.
OJ 2009, 236
OJ 2012, 492
PCT Newsletter 12/2010, 8
Date retrieved: 02 November 2015
10 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Rules relating to Fees
EPO Guide for Applicants, part II Int.
EPO Guide for Applicants, part II Int. - B The EPO as a PCT receiving Office
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
PCT Implementing Rules
Offical Journal of the EPO
XOJ EPO 2014, A98 - Decision of the President of the European Patent Office dated 10 September 2014 concerning the filing of documents using the EPO web-form filing service