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Guidelines for Examination

Loss of rights and legal remedies

If the applicant for or proprietor of the European patent does not provide the translation in time, then the right of priority is lost and the applicant or proprietor is informed accordingly (see A-III, 6.11). This has the effect that the intermediate document(s) which resulted in the validity of the priority claimed becoming relevant for the assessment of patentability will be considered to belong to the prior art under Art. 54(2) or Art. 54(3) as applicable. There is no further invitation to the applicant or proprietor to file the translation. However, if the applicant fails to observe this time limit, he can request further processing according to Art. 121 and Rule 135. Where translations of more than one priority document are requested and not provided in time, one further processing fee is due according to Rule 135(1) and Art2(1), No. 12, RFees for each of these priorities. This applies even where the translations were requested in a single Rule 53(3) invitation. In the event of failure to file the translation in time in opposition proceedings, the proprietor can request either a decision according to Rule 112(2) (see E-VII, 1.9.3) or re-establishment of rights according to Art. 122 and Rule 136 (see E-VII, 2.2).