Ancillary Regulations Part II: Rule 38(3) and (4) OJ 1999, 80

Rule 38(3) and (4) OJ 1999, 80: Decision of the President of the European Patent Office dated 22 December 1998 on the filing of priority documents

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Table of Contents

Foreword

Ancillary Regulations

Part II

Rule 38(3) and (4)

Rule 37(1) OJ 1984, 272: Instructions for paying renewal fees for European patent applications and patents

Rule 38(5) OJ 2002, 192: Notice from the European Patent Office concerning the requirement to file a translation of the previous application or a declaration under Rule 38(5) EPC if the EPO adds a copy of the previous application to the file

Rule 38(3) and (4) OJ 1999, 80: Decision of the President of the European Patent Office dated 22 December 1998 on the filing of priority documents

Rule 38(3) and (4) OJ 1979, 290: Application of Rule 38, paragraphs 3 and 4, EPC to European divisional applications filed under Article 76, EPC and to new European patent applications filed under Article 61, paragraph 1(b), EPC

Rule 38(3) and (4) OJ 2004, 562: Notice from the European Patent Office dated 15 September 2004 concerning the electronic filing of priority documents issued by the United States Patent and Trademark Office

Rule 38(3) and (4) - OJ 1999, 80

Decision of the President of the European Patent Office dated 22 December 1998 on the filing of priority documents¹

- OJ 1999, 80 -

The President of the European Patent Office,

having regard to Rules 38(3) and 104b(3) EPC,

has decided as follows²:

Article 1
Inclusion of a copy of the previous application in the file of a European patent application

The European Patent Office shall include free of charge a copy of the previous application, from which priority is claimed³, in the file of the European patent application, if the previous application is:

(a) a European patent application;

(b) an international application filed with the European Patent Office as receiving Office under the Patent Cooperation Treaty;

(d) an international application filed with the Japanese Patent Office as receiving Office under the Patent Cooperation Treaty.

Article 2
Euro-PCT applications

Article 1 shall apply also to international applications entering the regional phase before the EPO as designated or elected Office (Rule 104b(3) EPC).

Article 3
Entry into force

This decision shall enter into force on 1 January 1999. It shall be applicable to all European patent applications filed in 1998 and to international applications which entered the European phase in 1998, if at the date of entry into force of this decision the time limit for filing the priority document has not yet expired.

Done at Munich, 22 December 1998
Ingo KOBER
President

______________________

¹	This decision replaces the decision of the President of the European Patent Office dated 11.04.1995 (OJ EPO 1995, 408).

²	see also Legal Advice No. 19/99, OJ EPO 1999, 296, printed at the end of this book.

³	Applicants are herewith released from the obligation pursuant to Article 88(1) EPC to file a copy of the previous application from which priority is claimed.