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

 
 
Consequences of not filing a translation of the application
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If the translation of the Euro-PCT application is not filed within the time limit, the application is deemed to be withdrawn and the applicant is informed of this in a communication. Moreover, the application will not be considered as comprised in the state of the art under Article 54(3) EPC (see point 658).
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The loss of rights is deemed not to have occurred if, within two months from notification of the above communication, the translation is supplied and further processing is requested by payment of the relevant fee. 
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Alternatively, the applicant may request reinstatement of rights under Rule 49.6 PCT if the application is deemed withdrawn because the translation was not filed in due time. However, given that the fee is higher and stricter requirements apply, this remedy has no advantages unless the period for requesting further processing has already expired.