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INFORMATION FROM THE EPO

Notice from the European Patent Office concerning the requirement to file a translation of the previous application or a declaration under Rule 38(5) EPC if the EPO adds a copy of the previous application to the file

If the previous application is not in one of the EPO's official languages, Article 88(1) and Rule 38(5) EPC require that a translation of the previous application be filed in one of the official languages within a time limit to be set by the European Patent Office, but at the latest within the non-extendable time limit under Rule 51(6) EPC1. Alternatively, a declaration under Rule 38(5) EPC may be submitted that the European patent application is a complete translation of the previous application (see Legal advice No. 19/99, OJ EPO 1999, 296).

The European Patent Office points out once more2 that the translation or declaration under Rule 38(5) EPC is also required if the EPO adds a copy of the previous application to the file (decision of the President of the European Patent Office dated 22 December 1998 on the filing of priority documents, OJ EPO 1999, 80). If the required translation or declaration is not filed on time and in due form, an invitation to remedy the deficiency is issued in accordance with Rule 41 EPC. If the deficiency is not remedied, the right of priority for the European patent application is lost pursuant to Article 91(3) EPC since the requirements of Article 88(1) EPC have not been fulfilled.