(1) The assertion of the priority of an earlier foreign application shall be governed by the provisions of the international agreements with the proviso that priority can also be claimed for services in accordance with the Paris Convention.
(2) If the earlier foreign application has been filed in a state with which no international treaty on the recognition of priority has been concluded, the applicant may claim a right of priority corresponding to the right of priority under the Paris Convention, in so far as, in accordance with a notice published by the Federal Ministry of Justice and Consumer Protection in the Federal Law Gazette, the other state grants a right of priority on the basis of the first application filed with the German Patent and Trade Mark Office which is comparable as regards the terms and conditions and content to the right of priority in accordance with the Paris Convention.
(3) Any person who claims priority in accordance with subsection (1) or (2) shall within two months after the date of filing indicate the date and state of the earlier application. If the applicant has submitted these particulars, the German Patent and Trade Mark Office shall invite him to indicate the file number of the earlier application and to submit a copy of the earlier application within two months of the service of the request. The particulars may be changed within these time limits. If the particulars are not submitted in due time, the right of priority shall be forfeited for this application.