Detailed Answer with Legal References
Statement a)
True - Under Article 87(1) EPC, a European patent application may claim priority from an earlier application filed in a state party to the Paris Convention within 12 months from the priority date. The priority year started on 6 September 2024 and ended on 6 September 2025. As this date fell on a Saturday, Rule 134(1) EPC extends the deadline to the next working day, Monday 8 September 2025. Therefore, filing on 8 September 2025 is still within the valid priority period.
Statement b)
False - According to Rule 52(2) EPC and Rule 131(4) EPC, the priority declaration must be filed within 16 months from the earliest priority date. From 6 September 2024, this period expires on 6 January 2026. The proposed date of 10 January 2026 is too late.
Statement c)
True - Article 87(1) EPC allows claiming priority from any “application for a patent” filed in a Paris Convention or WTO member state. This includes utility models, which are considered industrial property rights akin to patents for the purposes of priority.
Statement d)
True - Per Article 87(3) EPC, the fate of the earlier application (grant, refusal, withdrawal, or abandonment) is irrelevant to the right of priority, provided that it constituted a valid first filing at the time of filing.
Exam tip
Watch out for calendar traps:
Always calculate the 12-month period first, then check for weekend/holiday extensions under Rule 134 EPC.
The 16-month deadline for the priority declaration is independent of the filing deadline — many candidates confuse these.
The legal status of the priority application doesn’t matter; what counts is that it was a valid first filing when made.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.