5.1 Language of the proceedings

The language of the proceedings may be chosen by the applicant only if the international application was not published by the IB in the international phase in an official language of the EPO. If it was 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 it into one of the other two official languages of the EPO (G 4/08). Nor is a change of language allowed where the applicant filed a translation of the application into an official EPO language with the EPO as IPEA under Rule 55.2(a) PCT, e.g. where the Spanish Patent Office acted as ISA and the EPO as IPEA.

In such cases, the language of the proceedings within the meaning of Art. 14(3) remains the language in which it was published by the IB or received by the EPO as IPEA. If a translation is filed on entry, the applicant will be informed that this translation will not be taken as the basis for processing in the European phase and that the application as published and received from the IB will serve as the basis for the proceedings in the European phase (Art. 153(3) and Art. 150(2)).

If the applicant is allowed to choose a language of the proceedings on entry into the European phase, the EPO will examine whether the requirements for translations under Art. 153(4) in combination with Rule 159(1)(a) are met (A‑XIII, 3). If a translation must be filed, the language of the translation filed determines the language of the proceedings before the EPO.

If, on 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 is informed that they are not duly filed and that they will not serve as the basis for the European phase (Rule 3(2), Art. 14(4), Art. 153(2) and Art. 150(2)) (A‑XII, 5.4; A‑XIII, 3).

A translation of the application, whether filed on entry into the European phase under Art. 153(4) in combination with Rule 159(1), or in the international phase for the purpose of search or publication (Rules 12.3 and 12.4 PCT), may always be brought into conformity with the application as filed during the European grant proceedings. The conditions set out in A‑VII, 7 apply.