Internal priority from a patent application

(1) Where the applicant has already earlier applied for a patent, with effect for the Federal Republic of Germany, for the same invention, the applicant may, with the utility model application, make the declaration that the filing date decisive for the patent application is claimed. A priority right claimed for the patent application is preserved for the utility model application. The right under the first sentence may be exercised until the expiry of two months after the end of the month in which the patent application is disposed of, or any opposition proceedings are concluded, but at the latest until the expiry of the tenth year after the filing date of the patent application.
(2) Where the applicant has made a declaration under paragraph 1, first sentence, the German Patent and Trade Mark Office shall call on the applicant to state, within two months of service of the request, the file number and the filing date, and to file a copy of the patent application. A copy is not requested where the patent application has been filed with the German Patent and Trade Mark Office. Where the particulars required under this paragraph are not provided in time, the right under paragraph 1, first sentence is forfeited.