GL A III 6.1 General remarks

The applicant for a European patent is entitled to and may claim the priority of an earlier first application where:

(i)the previous application was filed in or for a state or WTO member recognised as giving rise to a priority right in accordance with the provisions of the EPC (see also A‑III, 6.2);[Art. 87(1);

GL A III 6 Claim to priority (see also F‑VI )

6.1 General remarks

6.2 Applications giving rise to a right of priority

6.3 Multiple priorities

6.4 Examination of the priority document

6.5 Declaration of priority

GL A III 5.6 Incorrect designation

An incorrect designation may be rectified provided a request is received accompanied by the consent of the wrongly designated person and by the consent of the applicant for or the proprietor of the patent where the request is not filed by that party. If a further inventor is to be designated, the consent of the inventor(s) previously designated is not necessary (see J 8/82).

GL A III 5.5 Deficiencies

Where a designation is not filed, or where the designation filed is deficient (e.g. inventor's name or address or the signature of the applicant is missing) so that it cannot be considered as validly filed, the applicant is informed that the European patent application will be refused if the deficiency is not remedied within the period prescribed under Rule 60(1), which is within 16 months of the date of filing or, if priority is claimed, of the date of priority.

GL A III 5.4 Notification

If the applicant is not the inventor or is not the sole inventor, the Receiving Section must notify the inventor of the data contained in the document designating the inventor together with the data mentioned in Rule 19(3) relating to the application.

GL A III 5.3 Designation filed in a separate document

Where the designation is filed in a separate document it must contain the surname, given names and full address (to meet the customary requirements for postal delivery) of the inventor, the statement, referred to in Art. 81, indicating the origin of the right to the patent and the signature of the applicant or the appointed representative.[Rule 19(1); ]

In the case of assignment, the words "by agreement dated ..." suffice, in the case of inventions

GL A III 5.2 Waiver of right to be mentioned as inventor

Inventors designated by the applicant may address to the EPO a written waiver of their right to be mentioned as inventor in the published European patent application and the European patent specification, in which case their name is not mentioned in the published European patent application, the European patent specification, the Register of European Patents (Rule 143(1)(g)) and, consequently, the European Patent Bulletin, always provided that the waiver is rece

GL A III 5.1 General remarks

Every application must designate the inventor. The designation is incorporated in the software provided by the EPO for electronic filing (see A‑II, 1.3). When filing on paper, the designation is filed in a separate document where the applicant is not the inventor or the sole inventor; otherwise the designation must be effected in the request for grant form (EPO Form 1001) by placing a cross in the appropriate box in Section 22.

GL A III 5 Designation of inventor

5.1 General remarks

5.2 Waiver of right to be mentioned as inventor

5.3 Designation filed in a separate document

5.4 Notification

5.5 Deficiencies

5.6 Incorrect designation

GL A III 4.2.3 Further requirements laid down by Rule 41(2)

The provisions of Rule 41(2)(b), (e), (f) and (g), dealing respectively with the title of the invention, divisional applications, Art. 61 applications and claim to priority are considered under these headings in subsequent sections of this Chapter and in