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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

II. What must the applicant do to initiate the European phase?

What the translation must include

What are the legal consequences of not filing a translation?

Biological material (Form 1200, Section 8)

What the translation must include

202	The translation must always include:

R. 49.5 PCT

the description

the claims as originally filed

any text in the drawings

the abstract.

203	If the EPO acts as designated Office the translation must, where applicable, also include:

Art. 19(1) PCT

R. 49, 70.16 PCT

R. 107 EPC

any amendments made to the claims in the proceedings before the IB (see point 84) and the statement under Article 19 PCT explaining the amendments and indicating any impact such amendments might have on the description and drawings, but only if the applicant wishes them to form the basis of further proceedings;

any published request for rectification;

R. 91.1(f), 48.2(a)(vii) PCT

any separately furnished references to deposited biological material (Form 1200, Section 8)

R. 13bis.3 and 13bis.4 PCT

204	In addition, if the EPO acts as elected Office, translations of any annexes to the international preliminary examination report (IPRP Chapter II) must always be furnished, even if the applicant does not wish them to form the basis for the further proceedings.

Art. 36(3)(b), 39(2) PCT

R. 74 PCT

205

If the applicant wishes the amendments to the claims made before the IB under Article 19 PCT to form the basis of the subsequent procedure, and these amendments are not annexed to the international preliminary examination report, then they and the statement explaining them must also be furnished in translation.

Art. 39(2) PCT

R. 49.5(c-bis) PCT

206

If the translation of all annexes to the international preliminary examination report is not filed in due time, the applicant is invited to furnish the missing translation within a reasonable time limit. If the applicant fails to comply, the Euro-PCT application is deemed to be withdrawn. Any amendments under Article 19 PCT not furnished in translated form will be disregarded for the further proceedings.

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