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

 
 
Filing a translation of the priority document or the declaration
630
Where the priority document is not in English, French or German, and the validity of the priority claim is relevant for determining whether the invention concerned is patentable, a translation in one of these languages must be submitted at the invitation of the EPO. If a translation is already available to the EPO, it will not issue an invitation. 
OJ 2007, 692
OJ 1999, 296
GL/EPO A-III, 6.8;
631
The translation need not necessarily be in the language of the proceedings as long as it is in English, French or German (see point 424).
632
Where the Euro-PCT application is a complete translation of the previous application, a declaration to that effect is sufficient and no invitation to file a translation will be issued (Form 1200, Section 7, Box No. 3). This means that if the priority application is, for instance, a national application filed in Spanish, the applicant may declare that his Euro-PCT application filed in, for instance, English is a complete translation of the Spanish priority application. A translation from Spanish into an official language of the EPO is in that case not required.  
633
A translation of the priority document may also be requested where the application was filed (in part) on the basis of incorporation by reference.