R.53 EPC Priority documents

(1)

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 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 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.

[ Art. 88 90 R. 2 57 59 163 ]

See decision of the President of the EPO of 12.07.2007 concerning the filing of priority documents for European divisional applications and for new European patent applications under Article 61(1)(b) EPC (Special edition No. 3, OJ EPO 2007, B.2).

See decision of the President of the EPO of 31.03.2020 on the filing of priority documents (OJ EPO 2020, A57) and notice from the EPO of 22.02.2019 concerning priority document exchange via the WIPO Digital Access Service (OJ EPO 2019, A27).

Amended by decision of the Administrative Council CA/D 7/12 of 27.06.2012 (OJ EPO 2012, 442), which entered into force on 01.04.2013.

See notice from the EPO of 28.01.2013 (OJ EPO 2013, 150).

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r53.html

Date retrieved: 17 May 2021

55 references found.

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EPC Articles

X A.61 EPC European patent applications filed by non-entitled persons

X A.88 EPC Claiming priority

X A.90 EPC Examination on filing and examination as to formal requirements

X A.93 EPC Publication of the European patent application

X A.98 EPC Publication of the specification of the European patent

EPC Implementing Rules

X Chapter IV Priority

X R.2 EPC Filing of and formal requirements for documents

X R.40 EPC Date of filing

X R.56 EPC Missing parts of the description or missing drawings

X R.57 EPC Examination as to formal requirements

X R.59 EPC Deficiencies in claiming priority

X R.163 EPC Examination of certain formal requirements by the European Patent Office

EPO Guidelines - A Formalities Examination

X GL A II 4.1.3.1 Reference to a previously filed application

X GL A II 5.4 Missing parts based on the priority application, no change in filing date

X GL A II 5.4.3 Copy of the priority application

X GL A II 5.4.4 Translation of the priority application

X GL A III 6.7 Copy of the previous application (priority document)

X GL A III 6.8 Translation of the previous application

X GL A III 6.8.1 Invitation to file the translation before examination

X GL A III 6.8.2 Invitation to file the translation in examination/opposition

X GL A III 6.8.3 Loss of rights and legal remedies

X GL A III 6.10 Loss of right to priority

X GL A IV 1.2.2 Priority claim of a divisional application

X GL A VI 2.5 Refund of examination fee

X GL A VII 3.3 Priority document

X GL A VII 5 Documents filed in the wrong language

EPO Guidelines - B Search

X GL B XI 4 Priority claim and the search opinion

EPO Guidelines - C Procedureal Aspects of Substantive Examination

X GL C IV 3.1 Further action where a request for a translation of the priority application was sent earlier in examination proceedings

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

X GL D VII 2 Request for documents

EPO Guidelines - E General Procedural Matters

X GL E III 5.1 When can summons to oral proceedings be issued in substantive examination?

X GL E VIII 1.2 Duration of the periods to be specified by the EPO on the basis of EPC provisions

X GL E IX 2.3.5.1 Priority document

X GL E IX 3.2 Applications for which no supplementary European search report is prepared

EPO Guidelines - F The European Patent Application

X GL F VI 3.1 General remarks

X GL F VI 3.3 Certified copy of the previous application (priority document)

X GL F VI 3.4 Translation of the previous application

EPO Guidelines - G Patentability

X GL G IV 3 Date of filing or priority date as effective date

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

X GA C5.13 5.13

X GA C5.13.2 5.13.2.

X GA C5.13.4 5.13.4.

X GA C5.13.5 5.13.5.

Offical Journal of the EPO

X OJ EPO 2020, A58 - Notice from the European Patent Office dated 31 March 2020 concerning priority document exchange between the European Patent Office and the Japan Patent Office

X OJ EPO 2020, A57 - Decision of the President of the European Patent Office dated 31 March 2020 on the filing of priority documents

X OJ EPO 2019, A27 - Notice from the European Patent Office dated 22 February 2019 concerning priority document exchange via the WIPO Digital Access Service (DAS) for European patent applications and for international applications filed with the [..]

X OJ EPO 2018, A94 - Notice from the European Patent Office dated 15 November 2018 concerning the electronic filing of priority documents

X OJ EPO 2018, A79 - Notice from the European Patent Office dated 18 October 2018 concerning priority document exchange via the WIPO Digital Access Service (DAS)

X OJ EPO 2018, A78 - Decision of the President of the European Patent Office dated 18 October 2018 on the filing of priority documents

X OJ EPO 2013, 150 - Notice from the European Patent Office dated 28 January 2013 concerning amended Rule 53(3) EPC

X OJ EPO 2012, 494 - Notice from the European Patent Office dated 9 August 2012 regarding the automatic exchange of priority documents between the European Patent Office and the State Intellectual Property Office of the People's Republic of China

X OJ EPO 2012, 492 - Decision of the President of the European Patent Office dated 9 August 2012 the filing of priority documents

X OJ EPO 2012, 442 - Decision of the Administrative Council of 27 June 2012 amending Rule 53 of the Implementing Regulations to the European Patent Convention (CA/D 7/12)

X OJ EPO 2009, 236 - Decision of the President of the European Patent Office dated 17 March 2009 on the filing of priority documents

Case Law Book: II Conditions to be met by an Application

X CLR II D 2.2.2 Applicable law – proof of transfer

Case Law Book: III Amendments

X CLR III G 4.3.5 Claiming a valid priority

Case Law Book: IV Divisional Applications

X CLR IV A 8.1 Filing of priority documents