EC of 11.03.2009 and Commission [..]

Annex 2
Units recognised in international practice and complying with Rule 49(10) (see F‑II, 4.13)[ * ]

GL F IIA1 – Annex 1 Checklist for considering the abstract (see F‑II, 2.5 ) In the following checklist, the abstractor should, after having studied the disclosure to be abstracted, place a check in the second column after the applicable terms [..]

GL F VI 3.6 Re-establishment of rights in respect of the priority period

Applicants may file a request for re-establishment of rights in respect of the priority period under Art. 122 (see A‑III, 6.6). Any request for re-establishment of rights in respect of the period specified in Art. 87(1) must be filed within two months of expiry of that period, according to Rule 136(1), second sentence.

GL F VI 3.5 Withdrawal of priority claim

Applicants may voluntarily withdraw a claimed priority at any time. If they do so before the technical preparations for publication have been completed, then the priority date is not effective and the publication is deferred until 18 months after the filing date.

GL F VI 3.4 Translation of the previous application

A translation of the previous application into one of the official languages of the EPO is required only if it is needed for determining the validity of the priority claim, where this is of relevance to the patentability of the underlying invention. The translation must be filed within the time limit set by the EPO.

GL F VI 3.3 Certified copy of the previous application (priority document)

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, 4.1.3.1, or of a request pursuant to Rule 56, see

GL F VI 3.2 Declaration of priority

A declaration of priority from an earlier filing should preferably be made at the time of filing the European application, although this can be done at any time within 16 months from the earliest priority date claimed (see A‑III, 6.5.1).

GL F VI 3.1 General remarks

An applicant who wishes to claim priority must file a declaration of priority giving particulars of the previous filing, as specified in Rule 52(1), together with a certified copy of the previous application and, if necessary for the assessment of patentability, a translation of it into one of the EPO official languages (see A‑III, 6.7 and A‑III, 6.8).[Art. 88(1); Rule 52(1)

GL F VI 3 Claiming priority

3.1 General remarks

3.2 Declaration of priority

3.3 Certified copy of the previous application (priority document)

3.4 Translation of the previous application

3.5 Withdrawal of priority claim

GL F VI 2.4.4 A situation in which it has to be checked whether the application from which priority is actually claimed is the "first application" within the meaning of Art. 87(1)

P1 is the earliest application of the same applicant containing the invention. EP claims the priority of the later US application P2, which is a "continuation-in-part" of P1. D is a public disclosure of A+B.