Quick Navigation

 

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

 
 
What the translation must include
523
The translation must always include: 
the description (as originally filed) 
the claims (as originally filed) 
any text in the drawings (as originally filed) 
the abstract (as published). 
524
If the EPO acts as designated Office the translation must, where applicable, also include:
only if the applicant wishes such amendments to form the basis of further proceedings, any amendments made to the claims under Article 19 PCT in the form of a translation of the complete set of claims furnished in replacement of all claims originally filed (see point 242). The amendments must be submitted together with, if submitted to the IB, the statement under Article 19(1) PCT explaining the amendments and, in every case, the accompanying letter under Rule 46.5(b) PCT in an official language of the EPO. If a translation of the complete set of claims submitted under Article 19 PCT is not furnished or not accompanied by a translation of, if submitted to the IB, the statement under Article 19(1) PCT and, in every case, the accompanying letter under Rule 46.5(b) PCT, the amendments under Article 19 PCT will be disregarded for the further proceedings. If only the statement under Article 19(1) PCT is not available in an official language, only that document will be disregarded.
any published request for rectification  
any sequence listing, unless the text in the sequence listing is available to the EPO in English (see point 537)
any separately furnished references to deposited biological material (Form 1200, Section 8). 
525
In addition, if the EPO acts as elected Office, translations of any annexes to the international preliminary examination report (IPER) must always be furnished, i.e. regardless of whether protection is sought for the same version of the application documents as was the subject of that report. Therefore, a translation of any amendments made under Article 19 PCT must also always be filed if such amendments are annexed to the IPER.
526
If the applicant wishes the amendments to the claims made before the IB under Article 19 PCT to form the basis of the subsequent procedure before the EPO as elected Office, and these amendments are not annexed to the IPER (for instance because they were considered reversed by an amendment under Article 34 PCT), then these amendments must also be furnished in translated form, as otherwise they will be disregarded for the further proceedings. Any statement under Article 19(1) PCT and, in every case, the letter under Rule 46.5(b) PCT must also be furnished in an official language of the EPO. If only the statement under Article 19(1) PCT is not available in an official language, only that document will be disregarded (see point 524).