7. Conformity, Correction correction and certification of the translation

Any error in the translation filed can be corrected at any time during proceedings before the EPO, i.e. during pre-grant proceedings and also during opposition proceedings, bringing the translation into conformity with the application as filed in the original language (e.g. with the originally filed Japanese-language application). This applies similarly to translations filed for Euro-PCT applications upon entry into the European phase (see E‑IX, 2.1.4). However, correction of the translation during opposition proceedings will not be allowed if it contravenes Art. 123(3), i.e. if it implies an amendment of the claims that extends the protection conferred.According to Art. 70(2), if the European patent application has been filed in a language which is not an official language of the EPO, that text constitutes the authentic text within the meaning of the EPC.

Unless evidence is provided to the contrary, the EPO will assume, for the purposes of determining whether the subject-matter of the European patent application or European patent extends beyond the content of the application as filed (Art. 123(2)), that the translation filed under Art. 14(2) or Rule 40(3) is in conformity with the original text of the application (e.g. in Japanese). The text of the application as filed however remains the basis for determining the allowability of amendments under Art. 123(2) or the content of the disclosure for the purposes of Art. 54(3) (see G‑IV, 5.1).

The EPO has the discretion to require the filing of a certificate that a translation supplied corresponds to the original text, within a period to be specified (see E‑VIII, 1.2 and 1.6). An invitation to file the certificate may only be made where the EPO has serious doubts as to the accuracy of the translation. Failure to file the certificate in due time will lead to the document being deemed not received unless the EPC provides otherwise. Further processing is possible according to Art. 121 and Rule 135.

The Receiving Section will review the translation of the application documents for any obvious and easily identifiable differences from the application documents filed in the non‑EPO language, e.g. the number of claims. If discrepancies are found, the applicant will be informed accordingly.

Applicants have the possibility to correct any error in the translation by bringing it into conformity with the application as filed at any time during patent grant proceedings and also during opposition proceedings.

However, correction of the translation during opposition proceedings will not be allowed if the corrections contravene Art. 123(3), i.e. if they imply an amendment of the claims that extends the protection conferred.

In pre-grant as well as post-grant proceedings, a correction to bring the translation into conformity with the original text must comply with the requirements of Art. 123(2). For Euro-direct applications filed in a non‑EPO language, the original text is taken into account in proceedings before the EPO in order to determine whether the subject-matter of the application extends beyond the content of the application as filed. For Euro-PCT applications (see A‑XIII, 3), the documents as originally filed in the PCT phase form the basis for the determination under Art. 123(2) during the European phase (see H‑IV, 2.3.4).

If the correction of the translation does not comply with the requirements under Art. 123(2), or if the examining or opposition division (see D‑V, 2.2) has reasonable doubts as to the translation's accuracy, it will invite the applicant or proprietor to comment.

Should serious doubts still remain as to the accuracy of the translation or correction of the translation, the examining division has the discretion to require the filing, within a period to be specified, of a certificate attesting that the translation corresponds to the original text or that the correction of the translation brings the translation into conformity with the original text (see E‑VIII, 1.2 and E-VIII, 1.6). Failure to file the certificate in due time leads to the document being deemed not received unless the EPC provides otherwise. Further processing is possible under Art. 121 and Rule 135.

The certificate does not necessarily need to concern the translation of the whole application but may be limited to a paragraph, a sentence or even a single term. The required scope of the certification must be specified by the EPO when issuing the invitation under Rule 5.

The certificate must be issued by a person authorised under the relevant national law to attest to the accuracy of a translation before the respective national courts or administrative authorities.

As a rule, certification is not required in respect of the translations of the claims in the other two official languages required under Rule 71(3).