(2)[ 71 ]
The copy of the previous application shall be deemed to be duly filed if a copy of that application available to the European Patent Office is to be included in the file of the European patent application under the conditions determined by the President of the European Patent Office.
(3)[ 72 ]
Where the previous application is not in an official language of the European Patent Office and the validity of the priority claim is relevant to the determination of the patentability of the invention concerned, the European Patent Office shall invite the applicant for or proprietor of the European patent to file a translation of that application into one of the official languages within a period to be specified. Alternatively, a declaration may be submitted that the European patent application is a complete translation of the previous application. Paragraph 2 shall apply mutatis mutandis. If a requested translation of a previous application is not filed in due time, the right of priority for the European patent application or for the European patent with respect to that application shall be lost. The applicant for or proprietor of the European patent shall be informed accordingly.
See decisions of the President of the EPO, Special edition No. 3 OJ EPO 2007, B.2 and OJ EPO 2012, 492.
Amended by decision of the Administrative Council CA/D 7/12 of 27.06.2012 (OJ EPO 2012, 442),
entered into force on 01.04.2013. See also notice from the EPO, OJ EPO 2013, 150.
Date retrieved: 30 December 2018
51 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
EPO Guidelines - B Search
EPO Guidelines - C Procedureal Aspects of Substantive Examination
XGL C IV 3.1 Further action where a request for a translation of the priority application was sent earlier in examination proceedings
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
EPO Guidelines - E General Procedural Matters
EPO Guidelines - F The European Patent Application
EPO Guidelines - G Patentability
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
Offical Journal of the EPO
XOJ EPO 2018, A94 - Notice from the European Patent Office dated 15 November 2018 concerning the electronic filing of priority documents
XOJ EPO 2018, A79 - Notice from the European Patent Office dated 18 October 2018 concerning priority document exchange via the WIPO Digital Access Service (DAS)
XOJ EPO 2018, A78 - Decision of the President of the European Patent Office dated 18 October 2018 on the filing of priority documents
XOJ EPO 2013, 150 - Notice from the European Patent Office dated 28 January 2013 concerning amended Rule 53(3) EPC
XOJ EPO 2012, 494 - Notice from the European Patent Office dated 9 August 2012 regarding the automatic exchange of priority documents between the European Patent Office and the State Intellectual Property Office of the People's Republic of China
XOJ EPO 2012, 492 - Decision of the President of the European Patent Office dated 9 August 2012 the filing of priority documents
XOJ EPO 2012, 442 - Decision of the Administrative Council of 27 June 2012 amending Rule 53 of the Implementing Regulations to the European Patent Convention (CA/D 7/12)
XOJ EPO 2009, 236 - Decision of the President of the European Patent Office dated 17 March 2009 on the filing of priority documents