10.1 Publication of the international application

Pursuant to Art. 153(3) the international publication of a Euro-PCT application in an official language of the EPO takes the place of the publication of the European patent application and will be mentioned in the European Patent Bulletin.

A Euro-PCT application published by the IB in an official language of the EPO enjoys, subject to the provisions of Art. 67(3), provisional protection as from the date of the international publication (A‑XIII, 9.1.1). If the international publication of the Euro-PCT application is in a language other than an official language of the EPO, a translation into one of the official languages must be filed under Rule 159(1)(a) in combination with Art. 153(4), and Art. 22(1) PCT and Art. 39(1) PCT (A‑XIII, 3). The EPO will publish that translation shortly after the start of the European phase processing. In that case, the provisional protection is, subject to Art. 67(3), effective only as from the date of publication of the translation by the EPO (A‑XIII, 9.1.1).

The translation of the international application is published together with the bibliographic data as an A-document and includes all documents that were part of the international publication as originally published in accordance with Rule 48.2 PCT:

–a standardised front page in accordance with Rule 48.2(b) PCT

–the description as originally filed

–the claims as originally filed

–any claims amended under Art. 19 PCT, including any related statement of which a translation has been filed (A‑XII, 3.1, items (viii) and (ix))

–any drawings, in the same format as originally filed, i.e. in black and white or with colour or greyscale content(*)

–the sequence listing forming part of the description

–the abstract

–any appendices to the application

–any correct parts or elements incorporated by reference under Rule 20.6 PCT in conjunction with Rule 20.5bis(d) PCT

–any erroneously filed parts or elements, where correct parts or elements were incorporated by reference under Rule 20.6 PCT in conjunction with Rule 20.5bis(d) PCT

–any late-filed missing parts incorporated by reference under Rule 20.6 PCT in conjunction with Rule 20.5(a) PCT

–any certificate(s) of the deposit of biological material

–the translation of the international search report (Rule 44bis.3 PCT).

(*) For Euro-PCT applications entering the European phase on or after 1 October 2025, the publication will contain drawings in colour or greyscale on condition that they were filed in this format, are available on PATENTSCOPE and the international publication mentions this (see the notice from the EPO dated 5 September 2025, OJ EPO 2025, A57, and A‑VI, 1.3).

If Rule 20.5bis(d) PCT applies, the publication will comprise a translation of both the erroneously filed application documents and the correct application documents. The front page of the publication will mention that the notification of incompatibility under Rule 20.5bis(d) PCT applies to the application if it was filed between 1 July 2020 and 31 October 2022. The notification of incompatibility was withdrawn with effect from 1 November 2022 and is no longer mentioned for applications filed on or after that date (see the April 2025 edition of the Guidelines, A‑III, 13.2; see also C‑III, 1.3).