Guidelines for Examination:PART A: CHAPTER III EXAMINATION OF FORMAL REQUIREMENTS, 6. Claim to priority (see also C-V), 6.9 Non-entitlement to right to priority

Guidelines for Examination
PART A
CHAPTER III EXAMINATION OF FORMAL REQUIREMENTS
6. Claim to priority (see also C-V)
6.9 Non-entitlement to right to priority

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PART A
CHAPTER III EXAMINATION OF FORMAL REQUIREMENTS
6. Claim to priority (see also C-V)

6.8 Translation of the previous application

6.10 Loss of right to priority

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 a period referred to in III, 6.1(iii) or the applicant has failed to indicate, within the period referred to in III, 6.6, a corrected date of priority preceding by no more than one year the date of filing of the European application;

Art. 87(1)

Rule 41(3)

(ii)	the previous application did not seek an industrial property right giving rise to a priority right (see III, 6.1); or

Art. 87(1)

(iii)

the previous application does not give rise to a priority right in respect of the State in or for which it was filed (see III, 6.1(i) and III, 6.2).

Art. 87(1), (5)