GA E XIII 2 Non-observance of the requirement to file a copy or the application number

621
Where the certified copy of the priority document or, where no copy must be filed (see point 620621), the application number has not yet been submitted on entry into the European phase, the applicant will be invited to furnish that copy or number within two months from the date of a notification under Rule 163(2) EPC. This time limit cannot be extended. If the priority document or the application number is not submitted within that time limit, the priority right is lost.
622
The loss of rights may be remedied by requesting further processing. The request will be granted if within two months from notification of the loss of rights the (certified) copy of the priority document or the application number is filed and the fee for further processing paid. 
623
If a priority document has not been received from the IB (see point 616617) and is missing on Patentscope but the applicant has requested the receiving Office to forward the priority document(s) to the IB or requested the IB to obtain the certified copy of the earlier application(s) from a digital library, no loss of rights will occur. In such case substantive examination may nevertheless begin, but the decision to grant will not be taken unless the priority document is furnished. The applicant is informed accordingly.

9 references found.

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EPC Articles

EPC Implementing Rules

EPC Rules relating to Fees

EPO Guidelines - F The European Patent Application

EPO Guide for Applicants, part II Int.

EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office

PCT Implementing Rules