Where the priority of an earlier application is claimed for a Euro-PCT application, the IB sends a copy of the priority document to the EPO if the IB received the priority document from the receiving Office or directly from the applicant or was able to retrieve it from a digital library. As a rule the applicant should file a copy with the receiving Office or the IB or request the receiving Office or the IB that the copy be retrieved from a digital library within 16 months from the (earliest) priority date (see point 139).
In the cases listed below, the EPO as designated/elected Office will include a copy of the priority application free of charge in the file of a Euro-PCT application even without having received a copy from the IB. The applicant will be informed of this inclusion unless the previous application is a European application or an international application filed with the EPO as receiving Office. This service is provided on condition that the applicant has informed the EPO of the application number and only if the priority application is:
OJ 2012, 492
a European patent application;
an international application filed with the EPO as receiving Office;
a Chinese patent or utility model application;
a Japanese patent or utility model application;
a Korean patent or utility model application;
a United States provisional or non-provisional patent application.
Date retrieved: 02 November 2015
12 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guidelines - E General Procedural Matters
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