Where a certified copy of the previous application or, where no copy must be filed (see points 5.13.006 and point 5.13.007), the file number has not yet been submitted on entry into the European phase, the applicant will be invited to furnish that certified copy or number within two months from notification of a communication under Rule 163(2) EPC. This time limit cannot be extended. If the certified copy or the file number is not submitted within that time limit, the priority right is lost.

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 previous application or the file number is filed and the fee for further processing is paid (see also point 5.19.001).

If a priority document has not been received from the IB (see point 5.13.008) 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 previous application(s) from DAS, no loss of rights will occur. In such case substantive examination may nevertheless begin, but the decision to grant will not be taken until the priority document is furnished. The applicant is informed accordingly.