The fee for establishment and transmittal to the IB of a certified copy of the priority document is paid for the benefit of the RO/EP and applies only if the RO/EP is requested by the applicant to prepare and transmit such a copy (e.g. by checking the corresponding box in Box VI of the PCT request form, PCT/RO/101) and if the earlier priority application was filed before the EPO (EP applications or earlier PCT applications filed at the EPO). Its amount is fixed by the EPO. It is not due if the applicant requests the IB to obtain a certified copy of the priority application from a digital library and indicates the Digital Access Service (DAS) access code on the PCT request form (PCT/RO/101, Box VI).[Rule 17.1(b); Rule 17.1(b-bis); Art. 3(1) RFees; OJ EPO 2019, A14; OJ EPO 2019, A15; OJ EPO 2019, A27; ]
The procedure whereby the EPO includes, free of charge, a copy of the earlier application from which priority is claimed in the file of a European patent application (cf. GL/EPO A‑III, 6.7) does not apply in respect of an international application processed by the RO/EP.[OJ EPO 2020, A57; ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/a_iii_4_4.htm
Date retrieved: 17 May 2021
9 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO PCT GL - A Formalities Examination
PCT Implementing Rules
Offical Journal of the EPO
XOJ EPO 2020, A57 - Decision of the President of the European Patent Office dated 31 March 2020 on the filing of priority documents
XOJ 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 [..]