Paper M2 Practice Questions - European Qualifying Examination - Paper M2 EPC PCT Procedure Exam

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A European patent application is filed on 10 April 2026. The applicant wishes to claim priority from an earlier national application filed on 10 April 2025. However, 10 April 2026 is a public holiday in Munich. When is the last day to file the European application and successfully claim priority?

The application must have been filed by 9 April 2026 to avoid priority loss. The application can be filed on the next working day, 13 April 2026, and the priority claim is valid under Rule 134(1) EPC. The application must be filed on 10 April 2026 electronically, as digital filing is unaffected by public holidays. The priority period cannot be extended under Rule 134(1) EPC; hence, priority is irrevocably lost.

Correct Answer:

The application can be filed on the next working day, 13 April 2026, and the priority claim is valid under Rule 134(1) EPC.

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