5.4 Missing parts based on the priority application, no change in filing date
5.4.4 Translation of the priority application
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A revised version of this publication entered into force. |
Where a translation of the priority application is already available to the EPO under Rule 53(2), the applicant does not need to file it.
In cases where the priority application is in an official language of the EPO and the European application is in a different official language of the EPO, there is no requirement for the applicant to file a translation of the priority application according to Rule 56(3)(b). However, since the language of the priority and of the European applications differ application differs, the requirement that the newly introduced drawings (if they contain annotations) or parts of the description are "completely contained" in the priority application (Rule 56(3)) is not met.
This can be overcome by the applicant's supplying within the applicable time limit (see whichever of A‑II, 5.1 or A‑II, 5.2 applies), either:
(i)a translation from the official language of the priority application into the official language of the European application of those parts of the priority application identified by the applicant as completely containing the missing parts of the description, or missing drawings (Rule 56(3)(c)), or
(ii)a declaration indicating that the late-filed missing parts of the description, or missing drawings, are an exact translation of the parts of the priority application identified by the applicant according to Rule 56(3)(c).
The entire priority application does not need to be translated, since this translation is required to satisfy the "completely contained" requirement of Rule 56(3), not the translation requirement of Rule 56(3)(b).