3. Accordance of a date of priority

Implemented in parts

34 countries

AT, BA, BE, BG, CH, CZ, DE, DK, EE, ES, FI, FR, GB, GR, HR, HU, IE, IS, IT, LI, LT, LU, LV, MC, ME, NO, PL, PT, RS, SE, SI, SK, SM, TR

Information not available

6 countries

AL, CY, MK, MT, NL, RO

Survey questions and answers

AT - Austria

3.1. Does your National Patent Office’s administrative practice prescribe that particulars of the declaration of priority (i.e. date of previous filing, file number and country in or for which the earlier application was filed) should be published with both the patent application and the granted patent.?

Yes

3.2. Does your National Patent Office’s administrative practice provide express exemptions from the obligation to file a (certified) copy of the earlier application should be provided where the earlier application was filed with the Office concerned or is available to that Office from a digital library which is accepted by the Office for that purpose?

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

3.4. Where the earlier application is not in a language accepted by the Office, does your National Patent Office’s administrative practice prescribe that a translation of the earlier application should only be required where the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable where such an examination is carried out by the Office?

Yes

3.5. Where the earlier application is not in a language accepted by the Office, does your National Patent Office’s administrative practice prescribe that the option should be provided that instead of filing a translation into a language accepted by the Office, the applicant may submit a declaration that the patent application is a complete translation of the earlier application?

3.6. Where a deficiency is noted in accordance with the applicable law as to the particulars of the declaration of priority, or where the (certified) copy of the earlier application has not been filed in due time, does your National Patent Office’s administrative practice prescribe that an invitation to the applicant to remedy the deficiency noted within the relevant period should be sent?

Yes

3.7 Does your National Patent Office’s administrative practice prescribe that a means of legal redress in needs to be provided where a loss of rights with respect to the right of priority occurs due to the failure to meet the relevant periods for:
- filing or correcting the declaration of priority,
- responding to an invitation requesting particulars of the declaration of priority,
- filing a (certified) copy of the earlier application or a translation of the earlier application

Yes

3.8. Does your National Patent Office’s administrative practice provide for a period for the correction or the addition of a declaration of priority (priority claim) and for the filing of a (certified) copy of the earlier application in line with the provisions of the Patent Cooperation Treaty (Rule 26bis.1(a) PCT; Rule 17.1 PCT)?

Additional information

Priority documents are only required if the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable.
Ad 3.5: A certified translation of the priority documents into German, English, or French is required.
Ad 3.8: There are plans to implement the time period of the PCT (next amendment of the Patent Act).

BA - Bosnia and Herzegovina

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

BE - Belgium

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

BG - Bulgaria

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

Bulgarian Patent Office don't have access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

CH - Switzerland

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

CZ - Czechia

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

3.8. IPO CZ informed the IB (WIPO) about incompatibility with the national law.

DE - Germany

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

The German Patent and Trade Mark Office (DPMA) has not yet joined WIPO DAS.
However, the DPMA plans to participate in WIPO DAS as Depositing Office from 2024 onwards. Applicants would then be able to request the issuance of electronic priority documents from the DPMA, which will then be made available to WIPO DAS database.

DK - Denmark

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

EE - Estonia

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

ES - Spain

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

FI - Finland

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

FR - France

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

3.1 : date of application, number and country
3.2 : a copy must be provided
3.3.1: WIPO DAS currently only as depositing office
3.4: No translation of the priority document is to be filed. The office can request a translation of the page containing the date of filing, the national number and the country of filling, and a translation of the authorization to claim the priority given by the owner of the priority.
3.5: Search docuemnt is not requested

GB - United Kingdom

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

References to rules are to The Patents Rules 2007 (as amended).
3.1 - The priority data is published on the front page of the patent application and on the front page of the granted patent, associated with the WIPO ST.9 INID codes 30-33.
3.2 - The relevant provision is rule 8, which says that a copy of the earlier application need not be filed where either the application or a copy of it “is available” to the UK Intellectual Property Office (IPO). Rule 2(3) explains that this means documents in electronic storage which can be accessed by electronic communications, and documents kept at the IPO. It therefore covers applications filed at the IPO, and applications stored in digital libraries such as WIPO DAS.
3.3.1 – The IPO participates in WIPO DAS.
3.3.2 – The IPO does not presently issue electronic copies of priority documents. It accepts certified electronic priority documents issued by other patent offices.
3.4 - The relevant provision is rule 9(1)(c).
3.5 - The relevant provision is rule 9(4)(b).
3.6 - In the event of a deficiency, for example where it is not possible to claim the priority date declared, the applicant is notified and given two months in which to supply details for which a valid priority claim is possible. The sixteen-month period in which to file a certified copy of the earlier application is extendable as-of-right by two months, under rule 108(2). If the certified copy has not been filed by eighteen months from the earliest declared date, a notification invites the applicant to request a discretionary extension of time under rule 108(3) within two weeks. Should the IPO be minded to refuse a correction of a declaration, or an extension of time for the provision of a certified copy, the applicant may request a review by a senior officer who will consider any submission from the applicant and issue a reasoned decision. Where, without challenge by the applicant, a declaration of priority is disregarded owing to a failure to substantiate it, a notification to that effect is sent to the applicant.
3.7 - Where a failure to substantiate a declaration of priority within the relevant periods of time results in the declaration being disregarded, without challenge, there is no further means for legal redress. The application itself is allowed to continue, its earliest date being either the earliest substantiated date of priority or, if none, the date of filing. This is considered consistent with EPC article 90(5). Where the applicant has requested a formal reasoned decision and such a decision has been issued, the decision may be appealed to the High Court.
3.8 - Rule 6(2) is consistent with PCT rule 26bis.1(a). Rule 8 differs somewhat from PCT rule 17.1. The period of sixteen months prescribed by rule 8 for the filing of the priority document can be extended as-of-right by two months by filing Patents Form 52 and paying the associated fee (rule 108(2)). A discretionary further extension is also available and is requested by filing Form 52 and its associated fee (rule 108(3)). There is no explicit provision to accept a priority document filed after the expiry of the period but before the date of publication; however, this is achievable in practice by obtaining the as-of-right extension of time.

GR - Greece

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

Re 3.3.2: Certified electronic copies of priority documents are issued but not accepted
Re 3.6: An invitation is sent for the deficiency to be remedied only within the prescribed time-limit. Where the certified copy has not been filed in due time, no re- establishment of rights is provided
Re 3.8: Corrections related to the date of previous filing or number of first application can be made within a prescribed time limit of 16 months.

HR - Croatia

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

Ad 3.2. However, in practice Croatian SIPO would not request applicant to file a (certified) copy of the earlier application if such earlier application was filed with the Croatian SIPO, provided particulars of the declaration of priority had been properly submitted at the filing date.
Ad 3.3.2. The Croatian SIPO accepts but does not issue (certified) electronic copies of priority document. Priority documents may be filed in paper form or electronically using OLF or Online Filing 2.0, provided the latter are in an accepted document format, have been digitally signed by the issuing authority and the signature is accepted by the EPO.

HU - Hungary

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

IE - Ireland

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

3.3.1 The Irish Office currently acts as a WIPO DAS receiving office and is working towards being a WIPO DAS depositing office.
3.3.2 The Irish Office is not yet in a position to issue certified electronic copies of priority documents, but it will accept certified electronic copies of priority documents.

IS - Iceland

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

Access to WIPO DAS was looked into by the ISIPO upon implementation of the project, however not finalized. It was later decided to await the results of Convergence of Practice Project (WG8); Issuing and accepting electronic priority documents.

IT - Italy

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

Reference is made to Art. 169 of D. Lgs n. 30/2005 (Industrial Property Code) as recently modified by Law n. 102/2023

LI - Liechtenstein

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

LT - Lithuania

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

3.3.2: Currently we accept electronic copies of priority documents, but do not issue them (except when WIPO DAS is used). The reason is technical: we do not have secure means to provide such copies to applicants.
3.4. The translation is not required only when the earlier application has been filed in English, German or French.

LU - Luxembourg

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

The LU office plans to join the WIPO DAS system in the near future.

LV - Latvia

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

We have implemented provisions of PLT and PCT relating to priority requests in our Patent Law. But not more detailed regulation is provided. We participate also in WIPO DAS.

MC - Monaco

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

ME - Montenegro

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

NO - Norway

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

PL - Poland

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

In the future, the Polish Patent Office will align its practices with the recommendations of the EPO to the extent that these recommendations are in accordance with the existing legal acts in force in Poland. Presently, Poland adheres to the EPO's recommendations to the extent permitted by the applicable regulations. Notably, the new Industrial Property Law, which is currently undergoing the legislative process, does not envisage significant changes in the realm of claiming prior priority. Therefore, it is important to recognize that it is currently not feasible to fully harmonize Polish practices in this regard with the EPO's recommendations.

PT - Portugal

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

RS - Serbia

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

SE - Sweden

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

PRV accepts electronically issued p-docs but has no possibility to issue p-docs electronically.

SI - Slovenia

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

Industrial Property Act (Official Gazette of the Republic of Slovenia, No. 51/06 – official consolidated text, 100/13 , 23/20 and 76/23 ), Article 61, 63 and 64

SK - Slovakia

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and on Amendment of Other Acts (The Patent Act) as amended - https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2001/435/ - Slovak version
3.4 Article 36 (8)
3.6 Article 79 (9)
3.7 Article 36 (4)(5)
3.8 Article 36 (4)

SM - San Marino

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

TR - Türkiye

Yes

3.3.1 Does your National Patent Office’s administrative practice ensure access to electronic priority documents via digital libraries, such as WIPO Digital Access Service (DAS)

Yes

3.3.2 Does your National Patent Office’s administrative practice provide for (certified) electronic copies of priority documents to be issued and accepted?

Yes

Additional information

ad. 3.2. No, only for inner priorities.
ad. 3.3.2 No, only issued (via WIPO DAS, starting on 1.12.23) not accepted.
ad. 3.5. No, since a translation is never required by the Office, since we do not examine novelty and inventive step. A translation is only required in case of a dispute by a court.