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How to get a European patent - "Euro-PCT"

Guide for Applicants - Part 2 - Table of Contents
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II)... D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II ANNEX I Terms and abbreviations
II. What must the applicant do to initiate the European phase? I. General III. Filing of other documents
When must the applicant file a translation of the Euro-PCT application (Form 1200, Section 7)? Amendments and claims fees What are the legal consequences of not filing a translation?


When must the applicant file a translation of the Euro-PCT application (Form 1200, Section 7)?


199

If the Euro-PCT application was not published by the IB in one of the official languages of the EPO (English, French, German), the applicant must, within 31 months of the filing date or, if priority has been claimed, the earliest priority date, submit to the EPO a translation of the Euro-PCT application into English, French or German (Form 1200, Section 7). If a translation needs to be filed, the language of the translation determines the language of proceedings before the EPO (see point 176). However, in written proceedings the applicant may use any official language. Amendments, however, are always to be filed in the language of proceedings.

Art. 22(1), 39(1) PCT

R. 49 PCT
Art. 158(2) EPC

R. 1107(1)(a) EPC
GL/EPO E-IX, 4.3



200

If the international application has been published in one of the EPO's official languages, there is no translation requirement and none should be filed. Any translation that is nevertheless filed will be ignored.



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