GL A III 6.12 Copy of the search results for the priority or priorities

An applicant claiming priority within the meaning of Art. 87 must file a copy of the results of any search carried out by the authority with which the previous application was filed together with the European patent application, in the case of a Euro-PCT application on entry into the European phase, or without delay after such results have been made available to him.

GL A III 6.11 Notification

The applicant is notified of any non-entitlement to, or loss of, a priority right. The computation of time limits that depend on the priority will take this new situation into account. This also applies where entitlement to a priority right is surrendered. The termination of a priority right has no effect on a time limit which has already expired (see also F‑VI, 3.4 and E‑VIII, 1.5).

GL A III 6.10 Loss of right to priority

The right to priority for a European patent application is lost where:[Art. 90(4); (5); Rule 53(3); ]

(i)the declaration of priority is not filed in due time (see A‑III, 6.5.1);

GL A III 6.9 Non-entitlement to right to priority

A European patent application has no right to priority if:

(i)the application was not filed within the twelve-month period referred to in A‑III, 6.1(iii) and the applicant has neither:[Art. 87(1); ]

(a)

GL A III 6.8.6 Declaration replacing the translation

Alternatively, a declaration that the European patent application is a complete translation of the previous application may be submitted within those same time limits (see also F‑VI, 3.4, and D‑VII, 2). The declaration may already be made by crossing the appropriate box in the request for grant form (EPO Form 1001).

GL A III 6.8.5 Voluntary filing of the translation of the previous application

Applicants for or proprietors of the European patent can file a translation of the previous application of their own motion at any time during examination or opposition proceedings before the EPO.

GL A III 6.8.4 Translation of previous application already filed

Where the applicant has already supplied a translation of the previous application in the context of a request to base late-filed parts of the description or drawings on the claimed priority under Rule 56 (see A‑II, 5.4(vi)), the applicant does not need to file it again.

GL A III 6.8.3 Loss of rights and legal remedies

If the applicant for or proprietor of the European patent does not provide the translation in time, the right of priority is lost and the applicant or proprietor is informed accordingly (see A‑III, 6.11). This has the effect that the intermediate document(s) will become prior art under Art. 54(2) or Art. 54(3), as applicable, and therefore relevant for the assessment of patentability.

GL A III 6.8.2 Invitation to file the translation in examination/opposition

The period set under Rule 132(2) for providing the translation in either examination or opposition proceedings will be four months.[Rule 132(2); ]

If not sent earlier (see A‑III, 6.8.1), an invitation according to Rule 53(3) may be sent in examination proceedings either alone or as an annex to a communication according to Art. 94(3).

GL A III 6.8.1 Invitation to file the translation before examination

Where the search division notes that a translation of the previous application is required, the invitation to provide it according to Rule 53(3) may be sent at the same time as either item (i) or item (ii) below:

(i)the communication according to Rule 69(1) and Rule 70a(1) (where the applicant does not file th