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Guidelines for Examination

 
 

2.5.1 Publication of the international application

The international publication of a Euro-PCT application in an official language of the European Patent Office takes the place of publication of the European patent application and will be mentioned in the European Patent Bulletin. If the international publication of the Euro-PCT application is in another language, a translation into one of the official languages must be filed with the EPO within 31 months of the priority date (Art. 22(1) PCT and Rule 159(1)(a)). The EPO will publish the translation. Information as to what the translation must include and further details concerning the requirement to file a translation can be found in the Euro-PCT Guide ("How to get a European patent, Guide for applicants, Part 2: PCT procedure before the EPO").

If the translation is not supplied, the application is to be deemed withdrawn (Art. 24(1) PCT, Rule 160(1)). Furthermore, in this case, the application which has been published under the PCT is not considered as comprised in the state of the art in accordance with Art. 54(3) (see G‑IV, 5.2). However, if the EPO finds that the application is deemed to be withdrawn because the translation was not filed in due time, it must first communicate this to the applicant (Rule 160(2)). Rule 112(2) applies mutatis mutandis. The loss of rights is deemed not to have occurred if, within two months as from notification of the communication, the translation is supplied, a request for further processing under Art. 121 and Rule 135(1) is filed, and the fee for further processing is paid.