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1.2.2
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Claiming priority
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A priority claimed in the parent application may apply also to the divisional application. Provided that the parent application's priority claim has not lapsed, the divisional application retains that priority; it is not necessary to claim it formally a second time. A parent application's priority claim will, however, not be retained, if that priority claim is withdrawn in the divisional application. For the withdrawal of a priority claim see C-V, 3.5 and E-VIII, 6.2, 6.3). If a copy and any translation of the priority application have been filed in respect of the parent application before the divisional application is filed, it is not necessary to file the priority documents again in respect of the divisional application. The EPO makes a copy of these documents and places them in the file of the divisional application (see Legal Advice No. 19/99, OJ 5/1999, 296).
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Rule 38(4), (5)
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If, when the divisional application is filed, no priority documents have been filed in respect of the parent application, they must be filed in respect of the divisional application and, if the priority of the parent application's remaining subject-matter is to be retained, in respect of the parent application also. The applicant can also inform the EPO, within the time limit set for filing priority documents in the divisional application proceedings, that he has in the meantime submitted these documents in respect of the parent application. If the subject-matter of the divisional application relates only to some of the priorities claimed in the parent application, priority documents in respect of the divisional application need be filed for those priorities only.
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This applies also as regards indicating the file number of the priority application. For the time limits for indicating the file number and for filing the priority documents, see III, 6.5, III, 6.7 et seq.
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Rule 38(2)
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CHAPTER IV SPECIAL PROVISIONS
1.2.1 Date of filing
