Priority

(1) The applicant is entitled to a priority right, within a period of twelve months after the filing date of an earlier patent or utility model application filed with the German Patent and Trade Mark Office, for the filing of an application for the same invention as a utility model, unless a domestic or foreign priority has already been claimed for the earlier application. Section 40(2) to (4), (5), first sentence, and (6) of the Patent Act applies accordingly, section 40(5), first sentence with the proviso that an earlier patent application is not deemed withdrawn.
(2) The provisions of the Patent Act on foreign priority (section 41) apply accordingly.