(1) Within a period of 12 months from the date of filing of an earlier patent or utility model application with the German Patent and Trade Mark Office the applicant enjoys the right of priority in respect of the application for a patent for the same invention, unless a domestic or foreign priority has already been claimed for the earlier application.
(2) The priority of several applications for patents or utility models filed with the German Patent and Trade Mark Office may be claimed for the patent application.
(3) Priority may only be claimed for such elements of the application which are specifically disclosed in the application documents of the earlier application as a whole.
(4) The priority may only be claimed within two months after the date of filing of the later application; the declaration of priority is deemed not to have been made until the file number of the earlier application has been indicated.
(5) If the earlier application is still pending with the German Patent and Trade Mark Office, it is deemed to be withdrawn when the declaration of priority is made in accordance with subsection (4). This does not apply where the earlier application refers to a utility model.
(6) If a request is filed to inspect the file of a later application (section 31) which claims the priority of an earlier patent and utility model application, the German Patent and Trade Mark Office adds a copy of the earlier patent or utility model application to the files of the later application.