GL F VI 2.3 Priority claim not valid

If the tests set out in F‑VI, 2.2 are not satisfied in relation to a particular previous application, then the effective date of the subject-matter of the claim in question will either be the filing date of the earliest application which does provide the required disclosure and of which the priority is validly claimed (see G 3/93) or, in the absence of such, will be the date of filing of the European application itself (or the new date of filing if the application has been re-dated under

GL F VI 1.5 Multiple priorities

"Multiple priorities may be claimed" – i.e. a European application may claim rights of priority based on more than one previous application. The previous application may have been filed in or for the same or different states or members of the WTO, but in all cases the earliest application must have been filed not more than 12 months before the date of filing of the European application. Subject-matter of a European application will be accorded the priority date of the earliest priority application which discloses it.

GL F VI 1.4.1 Subsequent application considered as first application

A subsequent application for the same subject-matter and filed in or for the same state or member of the WTO is considered as the "first application" for priority purposes if, at the date this subsequent application was filed, the still earlier application had been withdrawn, abandoned or refused, without being open to public inspection and without leaving any rights outstanding, and had not served as a basis for claiming priority.

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