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Basic applications which are additional applications, divisional applications and US continuations and continuations-in-part are, prima facie, subsequent applications for the same subject as an earlier (parent) application (in accordance with paragraph (4) of Article 4C of the Paris Convention). Consequently, if a Convention application is based on one or more of these types of applications and is filed more than 12 months after the parent application, prima facie the claims of the Convention application are not entitled to take the filing date of the basic application as their priority date, unless the parent application is disregarded (see Basic Application Outside 12 Month Convention Period).

However, where the basic application derives from a parent application filed more than 12 months prior to the filing of the Convention application, the applicant should not be asked to file a certified copy of the parent application, or a declaration that the parent application did not disclose anything claimed in the Convention application. It is implicit in the fact that the application invokes Convention rights that the applicant considers that the parent application does not disclose anything claimed in the Convention application. This also applies where it comes to the examiner's attention that a corresponding foreign application has been made in respect of the subject matter of the parent more than 12 months prior to the filing of the Convention application.  

Consequently, examiners should consider the Convention application to meet the necessary requirements, with priority determined from the basic application identified in the patent request.

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