May I retrieve a copy of an EPO, JPO, or KIPO priority document for placement in a U.S. application if priority to that EPO, JPO, or KIPO application is not claimed in the U.S. application (for example, if the EPO application is cited as relevant prior art)?


 No. A copy of an EPO, JPO, or KIPO priority document can only be retrieved under this program if the U.S. application into which the priority document will be placed claims priority to that EPO, JPO, or KIPO application.


USPTO FAQ - Questions and Answers (31JUL2009) EPO