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A declaration in an international application claiming the priority of one or more earlier applications filed in or for any state party to the Paris Convention for the Protection of Industrial Property must always indicate the date on which the earlier application was filed, the state or states in which it was filed and the application number(s) under which it was filed. If the earlier application was a regional one, it suffices to give the name of the patent-granting authority under the regional agreement - ie "EP" in the case of a European application (Box No. VI PCT request form).

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According to Rule 4.10 PCT as amended with effect from 1 January 2000, priority may also be claimed from an application filed in or for any member of the World Trade Organization (WTO) that is not party to the Paris Convention for the Protection of Industrial Property. However, the EPO as designated/elected Office has made a reservation to that provision because amended Rule 4.10(a) and (b) PCT is not compatible with Article 87 EPC. This was confirmed by the Enlarged Board of Appeal in decisions G 2/02 and G 3/02 of 26 April 2004 (see point 263).