The certified copy of the previous application, i.e. the priority document, must be filed within 16 months of the priority date (see A‑III, 6.7, for Euro-PCT cases see, however, E‑IX, 2.3.5), unless such a copy is already on file because it has been supplied in the context of Rule 40(3), see A‑II, 188.8.131.52, or of a request pursuant to Rule 56, see A‑II, 5.4.3.[Rule 53(1); ]
Moreover, in accordance with Rule 53(2) and the Decision of the President of the EPO dated 9 August 2012, OJ EPO 2012, 492, the EPO will include a copy of the previous application in the file of the European patent application without charging a fee in the cases indicated in A‑III, 6.7.[Rule 53(2); ]]]]]]]
As soon as the EPO has included in the file of the European patent application a copy of the previous application, it informs the applicant accordingly.
Date retrieved: 30 December 2018