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Guidelines for Examination

 
 

6.8.1 Invitation to file the translation before examination

Where the Search Division notes that a translation of the priority is required, the invitation to provide it according to Rule 53(3) may be sent at the same time as either item (i) or item (ii) below:

(i)
the communication according to Rule 69(1) and Rule 70a(1) (where the applicant does not file the request for examination before the search report is transmitted to him - see A‑VI, 2.1).

In this case, the time limit for providing the translation is the same as that for filing the request for examination, namely six months from the date of mention of the publication of the European search report according to Rule 70(1).

(ii)
the communication according to Rule 70(2) (where the applicant files the request for examination before the (supplementary) European search report is transmitted to him - see A‑VI, 2.3).

In this case the time limit for providing the translation is the same as that for filing the confirmation of the request for examination according to Rule 70(2):

(a)
For applications not filed via the PCT, this is six months from the date of mention of the publication of the European search report (see A‑VI, 2.3).
(b)
For Euro-PCT applications subject to the preparation of a supplementary European search report (see B‑II, 4.3.2), this is six months from the notification of the communication according to Rule 70(2) (see E‑VIII, 2.5.3).

In practice the invitation according to Rule 53(3) will be sent in a separate communication to the applicant and, in some cases, might not be despatched on exactly the same date as the applicable communication indicated in (i) or (ii) above. However, this will not affect the date of expiry of the period for providing the translation, since the relevant event used in its calculation (the mention of the publication of the European search report or the notification of the communication under Rule 70(2)) is not related to the notification of the invitation according to Rule 53(3).