Does the declaration of priority have to be filed at the same time as the European patent application?
Rule 52(2) EPC 2000 states that the declaration of priority “shall preferably” be made on filing the European patent application, but it may still be made within 16 months from the earliest priority date claimed. However, a declaration of priority can no longer be made once a request for early publication according to Article 93(1)(b) EPC 2000 has been filed (see Rule 52(4) EPC 2000).