The claim to priority (see III, 6 ("Claim to priority")) for an international application refers to the date, or dates, claimed under the PCT. Normally, the copy of the previous application, referred to in III, 6.7, i.e. the priority document, is furnished to the EPO as designated Office by the International Bureau and not by the applicant. In accordance with Rule 17.2 PCT, the International Bureau will be requested by the EPO to furnish it with a copy as standard practice promptly, but not earlier than international publication, or, where the applicant has requested early examination (in accordance with Art. 23(2) PCT), not earlier than the date of the request. Where the applicant has complied with Rule 17.1(a) and (b) PCT, the EPO may not ask the applicant himself to furnish it with a copy.

Where the file number or the copy of the previous application has not yet been submitted at the expiry of the period of 31 months, the EPO invites the applicant to furnish the number or the copy within a specified period. However, Rule 38(4) and the Decision of the President of the EPO dated 9 March 2000, OJ 5/2000, 227, providing an exception to the requirement that a copy of the previous application be furnished (see III, 6.7), also apply to international applications entering the European phase. Furthermore, as just mentioned, where the applicant has complied with Rule 17.1(a) or (b) PCT the EPO as a designated Office may not ask the applicant himself to furnish it with a copy of the priority document (Rule 17.2(a) PCT, second sentence).

If the priority document is not on file, substantive examination may nevertheless be started. However, no European patent may be granted until such time as the priority document is on file. In such a case, the applicant is informed that the decision to grant will not be taken as long as the priority document is missing.

Where a translation of the previous application into one of the official languages of the EPO is required, it must be filed in accordance with Rule 38(5) (see III, 6.8 and III, 6.10);