7.2 Preparation of a decision to maintain a European patent in amended form
7.2.3 Request for translations and a formally compliant version of amended text passages
Once the interlocutory decision becomes final or the amended text in which the patent is to be maintained has been drawn up in opposition appeal proceedings, the formalities officer invites the patent proprietor:
– to file, within three months, translations of any amended claims in the two official languages of the EPO other than the language of the proceedings and
– to file a formally compliant verbatim version of amended text passages if in oral opposition proceedings the interlocutory decision of the opposition division under Arts. 101(3)(a) and Art. 106(2) or the board of appeal decision under Art. 111(2) has been based on documents not complying with Rule 50(1) (see E‑III, 8.7).
If the European patent in the amended form contains different claims for different contracting states, a translation of all sets of claims – in the text communicated to the patent proprietor – into all official languages other than the language of the proceedings must be filed.
If the request under the first paragraph above is not complied with "in due time", the acts may still be validly performed within two months of notification of a communication pointing out the failure to observe the time limit. If any of the acts is not performed within the period of grace, the formalities officer will issue a decision for revocation of the patent in accordance with Rule 82(3).
Rule 82(2) and
Rule 82(3)