EPO relaxes requirements for Korean priority documents

In January 2007 the EPO relaxed the requirement for filing certified priority documents in certain circumstances. This procedure has now been extended to European patents application claiming priority from Korean patent applications.

As of 1 July 2007, the EPO implemented an agreement allowing automatic electronic exchange of priority documents with the Korean Intellectual Property Office (KIPO), for first filings at KIPO and first filings at the EPO.

This extends the agreement already in place between the EPO and WIPO, the Japanese Patent Office and the USPTO.

Thus, the EPO should not now require the applicant to file a certified copy of the priority document for a European patent application which claims priority from either

• Another European patent application,

• A Korean patent or utility model application (for applications first filed at the EPO after 1 July 2007),

• An international application filed at the EPO as the receiving office under the PCT,

• A Japanese patent or utility model application,

• An international application filed at JPO as the receiving office under the PCT, or

• A US provisional patent, patent or utility model application.

If the EPO is unable to obtain a copy of the priority document from the relevant organisations, then it will write to the applicant's representative and provide a reasonable time in which a copy of the priority document is to be filed.

The agreement between the EPO and WIPO, JPO and USPTO is applicable to applications first filed at the EPO, or first entering the EP national phase from a PCT application, on or after 16 January 2007.

31 Jan 2007

Return to news list