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Guidelines for Examination


5.Documents filed in the wrong language

Documents making up the European patent application can only be filed in the wrong language on the occasion of its amendment, since the application can originally be filed in any language (see A‑VII, 1.1). In such a case, as well as if any other document is not filed in the prescribed language or any required translation is not filed in due time, the document is deemed not to have been filed. The person who has filed the document will be notified accordingly by the EPO. Even though deemed not to have been filed, the document concerned will become part of the file and therefore accessible to the public according to Art. 128(4).

In the event of failure to file a translation of the filed documentary evidence upon invitation in due time, the documents in question may be disregarded by the EPO.

Where submissions accompanying the performance of a procedural act subject to a time limit (e.g. filing the designation of the inventor, filing a certified copy of the earlier application for which priority is claimed or filing the translation of the priority document under Rule 53(3)) are not filed in an official language of the EPO, they will be included in the file without note being taken of their content.

Observations by third parties and notices of oppositions will be communicated to the applicant or the patent proprietor even if they are deemed not to have been filed.