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Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Table of Contents - Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office
V. Translation of the application documents and other documents (Form 1200, Section 7)
When must the applicant file a translation of the Euro-PCT application?
When must the applicant file a translation of the Euro-PCT application?
505
If the Euro-PCT application was not published by the IB in an official language of the EPO (English, French, German), the applicant must, within the 31-month time limit, submit to the EPO a translation of the application into any such language (Form 1200, Section 7).  
Art. 22(1), 39(1) PCT
R. 49.2 PCT
Art. 14(2), 153(4) EPC
R. 159(1)(a) EPC
GL/EPO E-VIII, 2.1.2
506
If a translation must be filed, the language of the translation determines the language of the proceedings before the EPO (see point 418). At any time during the processing of the application in the European phase, errors made in the translation may be corrected.
Art. 14(3) EPC
507
If the international application has been published by the IB in an official language of the EPO, no translation is required and any translation that is nevertheless filed will be ignored, since the language of the proceedings may not be changed upon entry into the European phase. 
G 4/08
OJ 2010, 572
508
In written proceedings the applicant may use any official language of the EPO, but any amendments to the application must always be filed in the language of the proceedings (see point 418).
R. 3 EPC
509
On the question of whether a translation of the priority document must be submitted, reference is made to points 618 ff.
Consequences of not filing a translation of the application