3.2 Legal consequence if the translation is not filed

The legal consequences of non-compliance vary depending on which documents were not filed in due time:

If the applicant does not furnish the translation of any of items A‑XIII, 3.1(i) and A‑XIII, 3.1(ii) in A‑XIII, 3.1 within the 31-month period, the application is deemed to be withdrawn under Rule 160(1).

If the applicant does not furnish the translation of any of items A‑XIII, 3.1(i) to A‑XIII, 3.1(iv) in A‑XIII, 3.1 within the 31-month period, the application will not be considered to be comprised in the state of the art under Art. 54(3) (A‑XIII, 9.1.3; G‑IV, 5.2).

If the applicant does not furnish the translation of any of items A‑XIII, 3.1(iii) to A‑XIII, 3.1(ix) in A‑XIII, 3.1 within the 31-month period, the EPO will invite them to furnish the translation within a two-month period from notification of the related communication under Rule 159(1)(a). The same applies in relation to items A‑XIII, 3.1(i) to A‑XIII, 3.1(iii) in A‑XIII, 3.1 if correct elements or parts were incorporated by the receiving Office under Rule 20.5bis(d) PCT (A‑XV, 4; C‑III, 1.3) but translations of the erroneously filed elements or parts, which also remain in the application, have not been filed. If the applicant does not comply with this invitation:

–as regards items A‑XIII, 3.1(iii) to A‑XIII, 3.1(vii) in A‑XIII, 3.1, the application is deemed to be withdrawn

–as regards translations of erroneously filed application documents falling under items A‑XIII, 3.1(i) to A‑XIII, 3.1(iii) in A‑XIII, 3.1 in cases where erroneously filed elements or parts were corrected by the receiving Office under Rule 20.5bis(d) PCT, the application is deemed to be withdrawn

–as regards the replacement sheets referred to in item A‑XIII, 3.1(x) in A‑XIII, 3.1 the application is deemed to be withdrawn

–as regards the replacement sheets referred to in item A‑XIII, 3.1(viii) in A‑XIII, 3.1, the EPO will disregard the amendments under Art. 19 PCT

–as regards the accompanying letter and the statement referred to in item A‑XIII, 3.1(ix) in A‑XIII, 3.1, the EPO will disregard that letter and that statement and may proceed under Rule 137(4) where applicable

–as regards the accompanying letters referred to in item (A‑XIII, 3.1(xi) and A‑XIII, 3.1(xii) in A‑XIII, 3.1 the EPO will disregard those letters and may proceed under Rule 137(4) where applicable.