6.8.6 Declaration replacing the translation 

Alternatively, a declaration that the European patent application is a complete translation of the previous application may be submitted within those same time limits (see also F‑VI, 3.4 and D‑VII, 2). The declaration may also be made by selecting the appropriate box on the request for grant form (EPO Form 1001). This declaration is only valid if the text of the European patent application as filed is an exact translation of the previous application of which priority is claimed, i.e. with nothing added or omitted. If the European patent application did not contain claims on the filing date (see A‑II, 4.1), the applicant can file these later (see A‑III, 15). In such cases, for the declaration to be valid, the description of the European patent application must be an exact translation of the description of the claimed priority, regardless of whether the latter contained claims on its filing date. However, where the European patent application contains claims on its filing date and the previous application did not or contained fewer claims on its filing date, the declaration is not valid. Furthermore, if the European patent application contains more or less text than is contained in the previous application as filed, such a declaration cannot be accepted. Where the declaration cannot be accepted for any of the above reasons, to comply with the requirement for filing a translation, a complete translation must be filed within the set time limit. A declaration's validity is not affected by the simple rearrangement of its various parts (i.e. the claims vs. the description) (e.g. if the claims are presented at the end of the application, whereas in the previous application they are at the beginning) or by the use of a different type of reference sign (e.g. Arabic rather than Roman numerals). However, a declaration is not acceptable if changes have been made within the parts of the application (e.g. different order of claims, added reference signs) or if sections of the application (e.g. listing of components, section headings and words in the drawings) are not identical to those in the previous application.

Where a European patent application claims multiple priorities, the declaration will only in exceptional cases be a translation of the full text of one of the previous applications. In such cases, it may be filed in respect of the identical previous application, while a complete translation of the other previous application(s) will have to be filed on request.