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Chapter II Priority 9. (1) In order to obtain priority under section 5 of the Utility Models Act, the applicant shall claim priority at the same time as the filing of the application. The claim shall state where the application whose priority is claimed was filed, its date of filing and, if it is an international application, other information in accordance with rule 4.10 of the Regulations under the Patent Cooperation Treaty. For a Danish utility model application, the applicant shall state the number of the application whose priority is claimed as soon as possible. (2) For an international application, the applicant shall claim priority in the request form. The claim shall include information as to where the application whose priority is claimed was filed, its date of filing, its number and other information in accordance with rule 4.10 of the Regulations under the Patent Cooperation Treaty. It is, however, possible to make corrections or additions to the claim for priority or to other information mentioned above in accordance with rule 26bis of the Regulations under the Patent Cooperation, whereupon the receiving office or the International Bureau shall be notified hereof. The notification shall be given within 16 months from the priority date, or where the correction or addition will lead to an amendment of the priority date, 16 months from the amended priority date depending on which 16 months period expires the first. It shall, however, be possible to file such a notification until 4 months from the international filing date. (3) If an application is divided under section 26 of this Order, the priority claim for the parent application shall apply, without any separate claim for priority, to new applications resulting from the division. (4) Withdrawal of a priority shall be effected by separate notification. 10. (1) The Patent Authority may demand that the priority requested be documented by filing a certificate from the authority which received the original application, stating its date of filing and the applicant's name or firm name. The Patent Authority may also demand that a copy of the application certified by the said Authority be filed. (2) If the applicant fails to file the said documentation within a time limit laid down by the Patent Authority, the applicant's right of priority shall lapse. (3) The provisions in subsections 1 to 2 hereof shall apply mutatis mutandis to processing by the Patent Authority of a request under section 34(1)(i) of the Utility Models Act and to an examination under section 34(3) of the Utility Models Act. (4) For international applications, a copy of the application whose priority is claimed shall be filed in accordance with rule 17(1) of the Regulations under the Patent Cooperation Treaty to the International Bureau referred to in section 9 of this Order, to the receiving Office, or a request shall be made to transfer it to the International Bureau according to the same rule. If a copy of the application whose priority is claimed has been filed with the International Bureau, the Patent Authority may only require a copy and a translation of such copy in accordance with Rule 17(2) of the Regulations under the Patent Cooperation Treaty. 11. (1) For an application to be capable of serving as a basis for priority under section 9 of this Order, it shall be the first application in which the creation is disclosed. (2) If the person who filed the first application or his successor in title has filed a subsequent application relating to the same creation with the same authority, the subsequent application may be claimed as a basis for priority provided that, at the time of the filing of the subsequent application, the first application has been withdrawn, shelved or refused without having been made available to the public and without leaving any rights outstanding or having served as a basis for claiming a right of priority. If priority has been obtained on the basis of such subsequent application, the previous application may no longer serve as a basis for claiming a right of priority. 12. Priority may be claimed for part of an application. For one and the same application, priority may be claimed from several applications, even if they relate to different countries. Several applications may be claimed as a basis for priority for a single utility model claim. If priority is claimed on the basis of several applications, the time limits commencing on the date of priority shall have effect from the earliest priority date. |
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