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D
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E
How to get a European patent
A. General overview
B. The EPO as a PCT receiving Office
C. The EPO as an International Searching Authority
D. The EPO as an International Preliminary Examining Authority
E. Euro-PCT procedure before the EPO as a designated or elected Office
Annexes
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Claims for priority and priority documents
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263
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Where the priority of an earlier application is claimed for the Euro-PCT application, the EPO is usually sent a copy of the priority document(s) by the IB, since the priority documents should be filed with the receiving Office or the IB during the international phase. The EPO does not recognise a priority 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 (see point 41 ff)
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R. 17 PCT
Art. 88(1) EPC,
R. 38(1- 4) EPC
GL/EPO A-VII, 3.5
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264
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Where the application number or the copy of the previous application (priority document) has not yet been submitted on entry into the European phase, the applicant will be invited to furnish the number or the copy within such time limit as the EPO specifies. This does not apply to priority documents from the Japan Patent Office, which are supplied to the EPO electronically. However, a translation must be filed by the applicant (see point 199).
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R. 111(2) EPC
OJ 1995, 9, 413, 414 OJ 1999, 80
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265
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If a priority document is missing, but the applicant has requested the receiving Office under Rule 17.1(b) PCT to issue the priority document and transmit it to the International Bureau, no loss of rights will occur. Substantive examination may nevertheless begin, but the decision to grant will not be taken unless the priority document is furnished.
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