The EPO has taken the decision to end the automatic exchange of priority documents between the EPO and the USPTO, KIPO and CNIPA for all European patent applications and also for Euro-PCT applications filed with the EPO on or after 1 January 2022. Automatic exchange of priority documents has ended – but not if the priority is claimed in the file of a European patent application.

  If the earlier application is a European patent application or an international application filed with the EPO as receiving Office under the PCT, the EPO will continue to include automatically and free of charge a copy of the earlier application whose priority is claimed in the file of a European patent application.

  For patent applications filed before 1 January 2022, where the EPO has successfully included the priority document in the file on the basis of the PDX agreements, the EPO would only inform applicants in due time if a copy of the earlier US, Korean or Chinese application whose priority is claimed cannot be retrieved via the DAS. In such cases, or if they do not request retrieval via the DAS, applicants have the option of subsequently filing a copy under Rule 53(1) EPC.

  Thus, for European patent applications and also for Euro-PCT applications filed with the EPO on or after 1 January 2022, priority documents from USPTO, KIPO and CNIPA will only be accepted via the Digital Access Service (DAS).