When is a translation needed for the purpose of international search?
3.1.019An exception to the translation requirements for the purpose of international search by the EPO as ISA applies only if the application was filed with the Netherlands Patent Office as receiving Office. The EPO as ISA also accepts applications drawn up in Dutch, even though it is not an official EPO language. Therefore, a translation of an international application filed in Dutch with the Netherlands Patent Office is not required for the purpose of the international search by the EPO as ISA. However, within 14 months from the priority date a translation must be filed with the receiving Office in a language of publication accepted by the receiving Office for the purpose of international publication. The ISR and WO‑ISA will be established in the language of the international publication. For the above reasons, filing an application in Dutch should be carefully considered.
R. 12.3 PCT, R. 12.4 PCT, R. 43.4 PCT, R. 48.3 PCT
Agreement EPO-WIPO, Annex A(ii)
OJ 2018, A17, A24
OJ 2020, A35
OJ 2022, A37
PCT Newsletter 2/2018, 2, 5
4/2018, 4