6.8.1 Invitation to file the translation before examination 

Where the search division notes that a translation of the previous application is required, the invitation to provide it according to Rule 53(3) may be sent at the same time as either item (i) or item (ii) below:

(i)the communication according to Rule 69(1) and Rule 70a(1) (where the applicant does not file the request for examination before the search report is transmitted – see A‑VI, 2.1).

In this case, the time limit for providing the translation is the same as for filing the request for examination, i.e. six months from the date of mention of the publication of the European search report according to Rule 70(1).

(ii)the communication according to Rule 70(2) (where the applicant files the request for examination before the (supplementary) European search report is transmitted – see A‑VI, 2.3).

In this case the time limit for providing the translation is the same as for filing the confirmation of the request for examination according to Rule 70(2):

(a)for applications not filed via the PCT, this is six months from the date of mention of the publication of the European search report (see A‑VI, 2.3).

(b)for Euro-PCT applications subject to the preparation of a supplementary European search report (see B‑II, 4.3.2), this is six months from the notification of the communication according to Rule 70(2) (see E‑IX, 2.5.3).

In practice, the invitation according to Rule 53(3) will be sent to the applicant in a separate communication and, in some cases, might not be dispatched on exactly the same date as the applicable communication indicated in (i) or (ii) above. However, this will not affect the expiry date of the period for providing the translation, since the relevant event used in its calculation (the mention of the publication of the European search report or the notification of the communication under Rule 70(2)) is not related to the notification of the invitation according to Rule 53(3). An exception applies where the communication under Rule 53(3) is notified less than two months before expiry of the resulting period; in that case the time limit for filing the translation will be considered extended until two months after the notification of the invitation, without prejudice to its possible extension under Rule 132(2) (see E‑VIII, 1.6).