2.1 Entry into the European phase
2.1.3 Translation of the international application
Where the international application was not published in an official language of the EPO, the applicant is required, in accordance with Art. 22 PCT or Art. 39 PCT and Rule 159(1)(a), to furnish a translation of the published application within a period of 31 months from the date of filing or, if priority has been claimed, from the earliest priority date (31-month time limit). The language of the translation determines the language of the proceedings before the EPO.
The translation must include:
(i)the description (as originally filed; the title as established by the ISA under Rule 37.2 PCT, if applicable),
Rule 49.5(a) and (k) PCT
(iii)any text matter in the drawings except for the expression "Fig." (as originally filed),
NB:In relation to items (i) to (iii) above, in the case of a correction of erroneously filed elements or parts under Rule 20.5bis(d) PCT by the receiving Office (see C‑III, 1.3), the translation must include both the erroneously filed application documents and the correct application documents with an indication as to which pages relate to the correct and which to the erroneously filed application documents,
(iv)the abstract (as published),
(v)any published request for rectification under Rule 91.3(d) PCT;
(vi)any text matter contained in the sequence listing unless the text in the sequence listing is available to the EPO in English; the translation is to be furnished in the form of a copy of the complete sequence listing complying with the applicable WIPO standard including a translation of the text matter;
(viii)if the EPO acts as designated Office, and the applicant wishes the amended claims under Art. 19 PCT to form the basis of further proceedings,
– the amendments under Art. 19 PCT in the form of a translation of the complete set of claims furnished under that provision and the statement under Art. 19(1) PCT, if submitted to the IB, and,
– the accompanying letter, indicating the basis for the amendments in the application as filed (Rule 46.5(b) PCT), so as to allow the examiner to understand and take the amendments into account (see also E‑IX, 3.4),
(ix)if the EPO acts as elected Office,
– all annexes to the international preliminary examination report (IPER), i.e. any replacement sheets and accompanying letters referred to in Rule 70.16 PCT that allow the examiner to understand the amendments, regardless of whether protection is sought for the same version of the application documents as was the subject of the IPER,
– any amendments made to the claims under Art. 19 PCT (cf. item (viii) above) if the applicant wishes these amendments to form the basis of further proceedings and they are not annexed to the IPER (for instance because they were considered reversed by an amendment under Art. 34 PCT).
If the applicant does not furnish the translation of any of the items (i) or (ii) above within the 31-month period, the application is deemed to be withdrawn under Rule 160(1).
If the applicant does not furnish the translation of any of the items (iii) to (ix) above within the 31-month period, the EPO will invite him to furnish the translation within a two-month period from notification of the respective communication under Rule 159(1)(a). The same applies if, in the case of a correction of erroneously filed elements or parts under Rule 20.5bis(d) PCT by the receiving Office (see C‑III, 1.3), translations of the erroneously filed application documents (in relation to items (i) to (iii) above) have not been filed. If the applicant does not comply with this invitation
– as regards items (iii) to (vii) above, the application is deemed to be withdrawn;
– as regards translations of erroneously filed application documents (in relation to items (i) to (iii) above) in the case of a correction of erroneously filed elements or parts under Rule 20.5bis(d) PCT by the receiving Office, the application is deemed to be withdrawn;
– as regards the replacement sheets referred to in item (ix) above, the application is deemed to be withdrawn;
– as regards the replacement sheets referred to in item (viii) above, the EPO will disregard the amendments under Art. 19 PCT;
– as regards the accompanying letter and the statement referred to in item (viii) above, the EPO will disregard that letter and that statement and may proceed under Rule 137(4) where applicable (see E‑IX, 3.4);
– as regards the accompanying letters referred to item (ix) above, the EPO will disregard those letters and may proceed under Rule 137(4) where applicable (see E‑IX, 3.4).
Where the application is deemed to be withdrawn under Rule 160(1), Rule 112(2) applies mutatis mutandis. The loss of rights is deemed not to have occurred if, within two months as from notification of the communication, the translation and a valid request for further processing (including the payment of the requisite fee) are filed (Art. 121 and Rule 135(1), see E‑VIII, 2).
Where an international application was filed and published in the international phase in an official language of the EPO, it is not possible to change the language of the proceedings on entry into the European phase by filing a translation of that application into either of the other two official languages of the EPO (see G 4/08). In such cases, the language of the proceedings within the meaning of Art. 14(3) remains the language in which the application was published by WIPO's International Bureau.
A translation, whether filed on entry into the European phase under Art. 153(4) or in the international phase under Rule 12.3 or 12.4 PCT, may always be brought into conformity with the application as filed. The conditions set out in A‑VII, 7 apply.