A colleague has recently been successful in persuading OHIM/OAMI to allow a priority claim to a PCT application in a RCD application. "How?", you ask.
PCT applications are applications for patents and other rights, and therefore include an application for a utility model in Germany. Keen readers of the Paris Convention will be aware that design applications can claim priority from utility model applications. Hey presto ... a valid priority claim.
This leaves open the questions of what 'design' is disclosed in a PCT application, and what if the PCT claimed priority from an earlier patent application ....
It does show the powers at OHIM/OAMI can be persuaded.
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