5. Documents making up the basis for processing in the European phase, the language of the proceedings, priority claims and further documents

The documents serving as the basis for the European phase processing will depend on the circumstances. Some documents will always be included, whereas other documents are optional and must be specified by the applicant (A‑XII, 5.2 and 5.3). Whether or not translations of any documents need to be filed depends on the language of the proceedings (see A‑XII, 5.1 and A‑XIII, 3).

Of the documents that must, or may, serve as the basis for the European phase processing, there are some that must be filed by the applicant and others that need not − and indeed should not − be filed by them (A‑XII, 5.2 and 5.3). See A‑XII, 5.3 as regards the requirement under Rule 159(1)(b) to specify the documents that should serve as the basis for processing in the European phase. On the requirements to be met if the applicant wishes to proceed on the basis of amendments to the application documents in the European phase, see A‑XII, 5.3.1 and A‑XIV, 2. On claiming priority and the requirements as to the priority document and, where applicable, its translation before the EPO as designated/elected Office, see A‑XII, 5.4 and A‑XIII, 11.2.

Having due regard to the precedence of the PCT, the EPO will check whether the application documents received as the basis for the European phase processing, including any translations of such documents, comply with the applicable requirements (A‑XII, 5.5). The examination will also extend to checking for any prohibited matter (A‑XII, 5.5.1).

In the case of applications concerning nucleotide or amino acid sequences or referring to biological material, the EPO will check whether the special requirements for such applications are complied with (A‑XII, 6 and 7; A‑XIII, 3). On the requirement to file a designation of inventor, see A‑XIII, 11.1. On the requirement to file the certificate of exhibition under Rule 159(1)(h), see A‑XIII, 6. The requirement to file documents in accordance with Rule 141 is dealt with in A‑XIII, 11.7.