11.2.1 Translation of a priority document for a Euro-PCT application

Following entry into the European phase, the EPO may invite the applicant in accordance with Rule 53(3) to file a translation of the previous application, if the priority document on file is not in English, French or German and the validity of the priority claim is relevant for determining whether the invention concerned is patentable (A‑III, 6.8 and A‑III, 6.10). Where a translation of the priority document is required, an invitation under Rule 53(3) to submit it may be sent (only) by the examining division after expiry of the six-month period under Rules 161 and 162 (F‑VI, 3.4).

If a translation is already available to the EPO, it will not issue an invitation. The translation available does not need to be in the language of the proceedings as long as it is in English, French or German.

Where the international application is a complete translation of the previous application, a declaration to that effect is sufficient and no invitation to file a translation will be issued (EPO Form 1200, Section 7.3). This means that if the priority application is, for instance, a national application filed in Spanish, the applicant may declare that the international application filed in, for instance, English is a complete translation of the Spanish priority application. A translation from Spanish into an official language of the EPO is not required in that case. A translation of the priority document may also be requested where the application was filed (in part) on the basis of incorporation by reference.