Quick Navigation

Print
 

Guidelines for Examination

 
 
Table of Contents - Guidelines for Examination
Part A Guidelines for Formalities Examination
Chapter II – Filing of applications and examination on filing
5. Late filing of drawings or parts of the description
5.4 Missing parts based on priority, no change in filing date
5.4.4 Translation of the priority
5.4.4
Translation of the priority 

Where a translation of the claimed priority is already available to the EPO under Rule 53(2), the applicant does not need to file it.

In cases where the claimed priority is in an official language of the EPO and the European application is in a different official language of the EPO, there is no requirement for the applicant to file a translation of the priority according to Rule 56(3)(b). However, since the language of the priority and of the European application differ, the requirement that the newly introduced drawings (if they contain annotations) or parts of the description are "completely contained" in the priority (Rule 56(3)) is not met. This can be overcome by the applicant's supplying within the applicable time limit (see whichever of A-II, 5.1 or 5.2 applies), either:

(i)
a translation from the official language of the priority into the official language of the European application of those parts of the priority identified by the applicant as completely containing the missing parts of the description, or drawings (Rule 56(3)(c)), or
(ii)
a declaration indicating that the late-filed missing parts of the description, or drawings, are an exact translation of the parts of the priority identified by him according to Rule 56(3)(c).

The entire priority document does not need to be translated, since this translation is required to satisfy the "completely contained" requirement of Rule 56(3), not the translation requirement of Rule 56(3)(b).