2.1 Entry into the European phase
2.1.4 2.1.3 Translation of the international application and further documents that are part of the international publication
Where the international application was not published in an official language of the EPO, the applicant is required, in accordance with Art. 153(4) and Rule 159(1) (see also Arts. 22 PCT and Art. 39(1) PCT or 39 PCT) and Rule 159(1)(a), to furnish a translation of the published application within a period of 31 months from the date of filing or, if priority has been claimed, from the earliest priority date (31-month time limit). The language of the translation determines the language of the proceedings before the EPO.
The translation must include:
(i)the description (as originally filed; the title as established by the ISA under Rule 37.2 PCT, if applicable),
Rule 49.5(a) and (k) PCT
(iii)any text matter in the drawings except for the expression "Fig." (as originally filed),
NB:In relation to items (i) to (iii) above, in the case of a correction of erroneously filed elements or parts under Rule 20.5bis(d) PCT by the receiving Office (see C‑III, 1.3), the translation must include both the erroneously filed application documents and the correct application documents with an indication as to which pages relate to the correct and which to the erroneously filed application documents.,
(iv)the abstract (as published).,
If the applicant does not furnish the translation of any of the items (i) to (iv) above within the 31-month period, the application will not be considered as comprised in the state of the art under Art. 54(3) pursuant to Art. 153(5) and Rule 165 (see E‑IX, 2.5.1 and G‑IV, 5.2).
The translation must further include:
(v)any published request for rectification under Rule 91.3(d) PCT,;
(vi)any text matter contained in the sequence listing unless the text in the sequence listing is available to the EPO in English; the translation is to be furnished in the form of a copy of the complete sequence listing complying with the applicable WIPO standard including a translation of the text matter;. For applications filed on or after 1 July 2022, WIPO Standard ST.26 applies (see E‑IX, 2.4.2) and a translation needs to be filed only if the ʺlanguage-dependentʺ free-text qualifiers are not available in English or in the EPO official language in which the international application was published (for further details, see OJ EPO 2021, A97, paragraphs 29-32),
(viii)if the EPO acts as designated Office, and the applicant wishes the amended claims under Art. 19 PCT to form the basis of further proceedings,
– the amendments under Art. 19 PCT in the form of a translation of the complete set of claims furnished under that provision and the statement under Art. 19(1) PCT, if submitted to the IB, and,
– the accompanying letter, indicating the basis for the amendments in the application as filed (Rule 46.5(b) PCT), so as to allow the examiner to understand and take the amendments into account (see also E‑IX, 3.4),
(ix)if the EPO acts as elected Office,
– all annexes to the international preliminary examination report (IPER), i.e. any replacement sheets and accompanying letters referred to in Rule 70.16 PCT that allow the examiner to understand the amendments, regardless of whether protection is sought for the same version of the application documents as was the subject of the IPER,
– any amendments made to the claims under Art. 19 PCT (cf. item (viii) above) if the applicant wishes these amendments to form the basis of further proceedings and they are not annexed to the IPER (for instance because they were considered reversed by an amendment under Art. 34 PCT).
If the applicant does not furnish the translation of any of the items (i) or (ii) above within the 31-month period, the application is deemed to be withdrawn under Rule 160(1).
If the applicant does not furnish the translation of any of the items (iii) to (ix) above within the 31-month period, the EPO will invite him them to furnish the translation within a two-month period from notification of the respective communication under Rule 159(1)(a). The same applies if, in the case of a correction of erroneously filed elements or parts under Rule 20.5bis(d) PCT by the receiving Office (see C‑III, 1.3), translations of the erroneously filed application documents (in relation to items (i) to (iii) above) have not been filed. If the applicant does not comply with this invitation
– as regards items (iii) to (vii) above, the application is deemed to be withdrawn;
– as regards translations of erroneously filed application documents (in relation to items (i) to (iii) above) in the case of a correction of erroneously filed elements or parts under Rule 20.5bis(d) PCT by the receiving Office, the application is deemed to be withdrawn;
– as regards the replacement sheets referred to in item (ix) above, the application is deemed to be withdrawn;
– as regards the replacement sheets referred to in item (viii) above, the EPO will disregard the amendments under Art. 19 PCT;
– as regards the accompanying letter and the statement referred to in item (viii) above, the EPO will disregard that letter and that statement and may proceed under Rule 137(4) where applicable (see E‑IX, 3.4);
– as regards the accompanying letters referred to item (ix) above, the EPO will disregard those letters and may proceed under Rule 137(4) where applicable (see E‑IX, 3.4).
Where the application is deemed to be withdrawn under Rule 160(1), 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 and a valid request for further processing (including the payment of the requisite fee) are filed (Art. 121 and Rule 135(1), see E‑VIII, 2). Alternatively, reinstatement of rights under Rule 49.6 PCT is available if the application is deemed withdrawn because the translation was not filed in due time. However, because of the stricter requirements and higher fee involved, this remedy only has advantages if the period for requesting further processing has already expired. If the time limit for requesting further processing has been missed, a request for re-establishment of rights in respect of the period under Rule 135(1) may be filed (see E‑VIII, 3, for further information regarding re-establishment of rights).
Where an international application was filed and published in the international phase in an official language of the EPO, it is not possible to change the language of the proceedings on entry into the European phase by filing a translation of that application into either of the other two official languages of the EPO (see G 4/08). In such cases, the language of the proceedings within the meaning of Art. 14(3) remains the language in which the application was published by WIPO's International Bureau. If any such translation is filed, the applicant will be informed that the translation of the application filed upon entry will not be taken as basis for the processing in the European phase and that the translation received from the IB will serve as the basis of the proceedings (Arts. 153(3) and Art. 150(2)). If, upon entry into the European phase amendments are filed with the EPO as designated/elected Office which are not in the language of the proceedings, the applicant will be informed that they are not duly filed and shall not serve as basis for the European phase (Rule 3(2), Arts. 153(2) and Art. 150(2)).
A translation, whether filed on entry into the European phase under Art. 153(4) or in the international phase under Rule 12.3 or 12.4 PCT, may always be brought into conformity with the application as filed. The conditions set out in A‑VII, 7 apply.