GA E XIII 1 Obligation to furnish the priority document

616
Where the priority of an earlier application is claimed for a Euro-PCT application, the IB sends a copy of the priority document to the EPO if the IB received the priority document from the receiving Office or directly from the applicant or was able to retrieve it from a digital library. As a rule the applicant should file a copy with the receiving Office or the IB or request the IB that the copy be retrieved from a digital library within 16 months from the (earliest) priority date (see point 141).
R. 17.1, 17.2 PCT
GL/EPO E‑VIII, 2.3.5
617
If during the international phase the applicant did not furnish the priority document or, where no such document must be furnished, the number of the application from which priority is claimed, he may provide the priority document or that number upon entry into the European phase. 
618
A priority document may be filed in electronic form with the EPO only if it is digitally signed by the issuing authority and the signature is accepted by the EPO. A priority document cannot be filed by fax. 
OJ 2007 Spec.Ed. 3, A.3
OJ 2014, A98
OJ 2015, A26
OJ 2015, A27
OJ 2015, A91
619
The application number of a priority application must always be available to the EPO as designated/elected Office. This number is, if known at the time of filing the application, to be provided in Box VI of the PCT request form.
R. 4.1(b)(i), 4.10 PCT
R. 163(2), 52(1) EPC
620
In the cases listed below, the EPO as designated/elected Office will include a copy of the priority application free of charge in the file of a Euro-PCT application even without having received a copy from the IB. The applicant will be informed of this inclusion unless the previous application is a European application or an international application filed with the EPO as receiving Office. This service is provided on condition that the applicant has informed the EPO of the application number and only if the priority application is:
R. 53(2) EPC
OJ 2012, 492
GL/EPO A‑III, 6.7
–
a European patent application; 
–
an international application filed with the EPO as receiving Office; 
–
a Chinese patent or utility model application; 
–
a Japanese patent or utility model application; 
–
a Korean patent or utility model application; 
–
a United States provisional or non-provisional patent application. 
Non-observance of the requirement to file a copy or the application number

Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_e_xiii_1.html

Date retrieved: 24 November 2017

15 references found.

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EPC Implementing Rules

EPO Guidelines - A Formalities Examination

EPO Guide for Applicants, part II Int.

EPO Guide for Applicants, part II Int. - B The EPO as a PCT receiving Office

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

PCT Implementing Rules

Offical Journal of the EPO