3. Translation of the international application and further documents that are part of the international publication

Where the international application was not published in an official language of the EPO, the applicant is required, in accordance with Art. 153(4) and Rule 159(1)(a) in conjunction with Art. 14(2), to furnish a translation of the published application within the 31-month period. Also, a change of language is not allowed if the applicant filed with the EPO as IPEA a translation of the application into an official language of the EPO under Rule 55.2(a) PCT.

The translation required for entry into the European phase under Art. 153(4) and Rule 159(1)(a) implements the right of the EPO as designated/elected Office to require a translation under Art. 22(1) PCT and Art. 39(1) PCT.

The language of the translation determines the language of the proceedings before the EPO. A translation is not necessary, and will not be accepted by the EPO, if the international application was published by the IB in an official language of the EPO (A‑XII, 5.1).

As regards the formal requirements, every application must meet the requirements of Rule 11 PCT (A‑XII, 5.5). A translation, whether filed on entry into the European phase under Art. 153(4) and Rule 159(1)(a) or in the international phase under Rule 12.3 or 12.4 PCT, may always be brought into conformity with the application as filed. The conditions set out in A‑VII, 7 apply.

If, on entry into the European phase, amendments are filed with the EPO as designated/elected Office under Rule 161 (A‑XIV, 2) which were not filed earlier in the international phase, the applicant will be informed that they will only serve as the basis for the European phase if they are filed in the language of the proceedings in the European phase (A‑XII, 5.1; A‑XII, 5.3.1). If amendments were filed in the international phase under Art. 19 PCT or for international preliminary examination under Art. 34 PCT, see A‑XIII, 3.1.

The requirements as regards the translation to be filed are more extensive in cases where the EPO will be acting as elected Office in the European phase. Furthermore, a translation of some documents must always be filed, whereas a translation of other documents need only be filed if the applicant wishes the processing to be based on these documents (A‑XIII, 3.1). Moreover, the legal consequences of non-compliance vary depending on whether the document is required or only optional for the European phase proceedings (A‑XII, 5; A‑XIII, 3.2).

For the available remedies in cases of a loss of rights, see A‑XIII, 3.3.