14. Translation of the application 

There are three situations in which a translation of the European patent application will be required:

(i)the European patent application was filed according to Art. 14(2) in a non‑EPO language

(ii)the European patent application was filed by reference to a previously filed application in a non‑EPO language (Rule 40(3))

(iii)the European divisional application was filed in the same language as the earlier (parent) application on which it is based, where this was not an official EPO language (Rule 36(2) – see A‑IV, 1.3.3).

In all cases, a translation of the application must be filed at the EPO: in cases (i) and (ii) this must occur within two months of the filing date according to Rule 6(1) (for type (i)) or Rule 40(3) (for type (ii)); in case (iii) it must occur within two months of the divisional application's filing according to Rule 36(2).

The EPO will check compliance with this requirement. If the translation has not been filed, the EPO will invite the applicant to rectify this deficiency under Rule 58 within two months in accordance with the procedure explained in A‑III, 16.

Failure to file the translation on time in response to the invitation under Rule 58 results in the application being deemed withdrawn according to Art. 14(2). The EPO will then notify the applicant of this loss of rights according to Rule 112(1). Further processing is ruled out by Rule 135(2) for the above time limits for supplying the translation under Rule 40(3), Rule 6(1) and Rule 36(2) and for the time limit for rectifying the failure to file the translation under Rule 58. Consequently, further processing is not possible in this case. However, the applicant may request re-establishment according to Art. 122 and Rule 136 for failure to comply with the time limit under Rule 58.

For translations in respect of international applications entering the European phase, see E‑IX, 2.1.2.