In the context of a request under Rule 56(3) the EPO will check that the requirements for the priority claim are met (see A‑III, 6).
Where the applicant files a request under Rule 56(3) (see A‑II, 5.4), the priority claim in question must have been in existence no later than the filing of this request. To this end, the applicant can file a simultaneous request, contained in one single submission:
This is subject to the proviso that the above simultaneous request respects both the time limit according to Rule 52(2) for insertion of a new priority claim (see A‑III, 6.5.1) and the applicable time limit for making the request according to Rule 56(3) (see whichever of A‑II, 5.1 or A-II, 5.2 applies). If this is the case, then the requirement under Rule 56(3) that priority be claimed is met (see A‑II, 5.4(ii)).
Alternatively, the applicant may file submission (i) earlier (again, provided that it is filed within the time limit according to Rule 52(2)) and then subsequently file submission (ii) (again, provided that it complies with the applicable time limit). However, it is not possible to file request (ii) before request (i), because in this case request (ii) would be filed at a time when there is no priority claim, and it would not meet the requirements of Rule 56(3).
Date retrieved: 17 May 2021
8 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
XGL A II 5.2 Late filing of missing drawings or missing parts of the description – without invitation