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Guidelines for Examination

 
 
14.
Translation of the application 

There are three situations in which a translation of the European application will be required:

(i)
the European application was filed according to Art. 14(2) in a language which is not an official language of the EPO
(ii)
the European application was filed by reference to a previously filed application which is not in an official language of the EPO (Rule 40(3))
(iii)
the European divisional application was filed in the same language as the earlier (parent) application on which it is based, where this was not an official language of the EPO (Rule 36(2) - see A-IV, 1.3.3).

In all cases, a translation of the application must be filed at the EPO: in cases (i) and (ii) this must be done within two months of the date of filing according to Rule 6(1) (for type (i)) or Rule 40(3) (for type (ii)); in case (iii) it must be done within two months of the filing of the divisional application according to Rule 36(2).

The EPO will check that this requirement has been complied with. If the applicant has not filed the translation, the EPO will invite him to rectify this deficiency under Rule 58 within a period of two months in accordance with the procedure explained in A-III, 16.

Failure to file the translation on time in response to the invitation under Rule 58 results in the application being deemed to be withdrawn according to Art. 14(2). The EPO will then notify the applicant of this loss of rights according to Rule 112(1). The above time limits for supplying the translation under Rule 40(3), Rule 6(1) and Rule 36(2) are all excluded from further processing by Rule 135(2), as is the time limit for rectification of the failure to file the translation under Rule 58. Consequently, further processing is not possible in this case. However, the applicant may request re-establishment according to Art. 122 and Rule 136 for failure to comply with the time limit under Rule 58.