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To validly claim priority in a European patent application, four conditions must be met:
- Same Applicant or Successor in Title: The EP applicant must be the same as, or have rights from, the earlier applicant. Secure a written assignment before filing if needed.
- Same Invention: The invention claimed must be directly and unambiguously derivable from the earlier application. Align EP claims closely with earlier ones.
- First Application: The earlier application must be the first filed in a Paris Convention or WTO member country. Priority from US continuations isn't accepted; for CIPs, only new subject matter can benefit.
- 12-Month Deadline: The EP application must be filed within 12 months of the earlier filing. If missed, re-establishment may be possible within 2 months by showing all due care was taken.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
