Priority related legal basis
Here I come with another – hopefully useful – printable table!
You probably know that you will not get any points for the legal basis if you cite Art.87(1) EPC in PCT related questions. If you have to cite priority related legal basis in PCT questions, you have to use both PCT and Paris Convention (PC).
Some legal comments:
PCT imports priority from Paris Convention (PC) via Art.8(2)(a) PCT for substantive issues. So, the full PCT legal basis must also include PC. The procedural part of priority is mostly self-contained in PCT (e.g. filing of the priority copy, how to add or correct priority declaration).
The reason why PCT Rule 80.2 and 80.5 are not to be applied to calculate the 12-month period and any weekend extension is because the « period of priority » is a period fixed in the Paris Convention and not in the PCT and the provisions in the PC need to be applied. That is also why PCT Rule 82.1 en Rule 82quater do not apply to the « period of priority » because these PCT Rules only apply to time limits “fixed” in the PCT…
So, I have created a table with the priority related topics, providing legal basis from EPC, PCT and PC. I made sure that it is one page only to make it easily printable and usable during the exam.
Pete Pollard was very kind and he checked and improved this table. Thank you, Pete!
I have also received some comments from Cees Mulder, so you can make sure this table is fully correct now :)
I added the 4 main priority related criteria in bold, those are definitely the most important rows in this table.
You can download the pdf (1 page) by clicking on the image or the button.
Edit (11 February): Table was updated, R.2.4 PCT was removed as legal basis for the 12-month period after Cees Mulder’s feedback. However, R.2.4 PCT was cited before in the Examiners Report, so you are not making a big mistake (and would absolutely not lose any marks) if you used it in your answer.
