Where the international application was not published in an official language of the EPO, the applicant is required, in accordance with Art. 22 PCT or Art. 39 PCT and Rule 159(1)(a), to furnish a translation of the published application within a period of 31 months from the date of filing or, if priority has been claimed, from the earliest priority date (31-month time limit). The language of the translation determines the language of the proceedings before the EPO.
Information on what the translation must include and further details concerning the requirement for filing a translation can be found in the latest version of the Guide for applicants: "'Euro-PCT Guide': PCT procedure at the EPO".
The translation must include:
The application is deemed to be withdrawn ifIf the applicant does not furnish the translation of any of the items (i) or (ii) above is not furnished within thatthe 31-month period, the application is deemed to be withdrawn under (Rule 160(1)). If the EPO finds that the application is deemed to be withdrawn for this reason, it communicates this to the applicant (Rule 160(2)).
If the applicant does not furnish the translation of any of the items (iii) to (ix) above within the 31-month period, the EPO will invite him to furnish the translation within a two-month period from notification of the respective communication under Rule 159(1)(a). If the applicant does not comply with this invitation
Where the application is deemed to be withdrawn under Rule 160(1), Rule 112(2) applies mutatis mutandis. The loss of rights is deemed not to have occurred if, within two months as from notification of the communication, the translation and a valid request for further processing (including the payment of the requisite fee) are filed (Art. 121 and Rule 135(1), see E‑VIII, 2).
Where an international application was filed and published in the international phase in an official language of the EPO, it is not possible to change the language of the proceedings on entry into the European phase by filing a translation of that application into either of the other two official languages of the EPO (see G 4/08). In such cases, the language of the proceedings within the meaning of Art. 14(3) remains the language in which the application was published by WIPO's International Bureau.