EPC Art. 153(4),
EPC Rule 159(1)(a),
EPC GL, E-IX, 2.1.3,
PCT 規則49.3,
PCT 規則70.16,
PCT 規則74(1)
If the Euro-PCT application was not published by the International Bureau in an official language of the EPO (English, French, German), the applicant must, within the 31-month time limit, submit to the EPO a translation of the application into one of the official languages (Form 1200, Section 7). In addition to those elements of the translation which must be furnished within the time limit of 31 months from the priority date (the description, the claims and any text in the drawings as originally filed and the abstract as published), the following elements should also be included:
if the EPO acts as designated Office:
— any amendments made to the claims under PCT Article 19 in the form of a translation of the complete set of claims furnished in replacement of all claims originally filed only if the applicant wishes such amendments to form the basis of further proceedings. The amendments must be submitted together with, if submitted to the International Bureau, the statement under PCT Article 19(1) explaining the amendments and, in every case, the accompanying letter under PCT Rule 46.5(b) in an official language of the EPO. If a translation of the complete set of claims submitted under PCT Article 19 is not furnished or not accompanied by a translation of, if submitted to the International Bureau, the statement under PCT Article 19(1) and, in every case, the accompanying letter under PCT Rule 46.5(b), the amendments under PCT Article 19 will be disregarded for the further proceedings. If only the statement under PCT Article 19(1) is not available in an official language, only that document will be disregarded;
— any indication under PCT Rule 13bis.3 and 13bis.4, i.e., separately furnished reference to deposited biological material;
— any nucleotide and amino acid sequence listing under PCT Rule 5.2(a), unless the text in the sequence listing is available to the EPO in English;
— any request for rectification referred to in PCT Rule 91.3(d) as published in accordance with PCT Rule 48.2(a)(vii).
if the EPO acts as elected Office:
— translation of any annexes to the international preliminary report on patentability (Chapter II), i.e. regardless of whether protection is sought for the same version of the application documents as was the subject of that report. If any amendments under PCT Article 19 are annexed to the IPRP (Chapter II), a translation of those amendments must also always be filed.
If the applicant wishes the amendments to the claims made before the IB under PCT Article 19 to form the basis of the procedure before the EPO as elected Office, and these amendments are not annexed to the IPRP (Chapter II) (for instance because they were considered reversed by an amendment under PCT Article 34), then these amendments must also be furnished in translated form, as otherwise they will be disregarded for the further proceedings. Any statement under PCT Article 19(1) and, in every case, the letter under Rule PCT 46.5(b) must also be furnished in an official language of the EPO. If only the statement under PCT Article 19(1) is not available in an official language, only that document will be disregarded.
If the translation of all annexes to the IPRP (Chapter II) is not filed in due time, the applicant is invited to furnish the missing translation within two months of notification of a communication. If the applicant fails to comply, the Euro-PCT application is deemed to be withdrawn. The applicant may request further processing (or re-establishment of rights under PCT Rule 49.6 if the application is deemed withdrawn because the translation was not filed in due time. However, the fee is higher and stricter requirements apply. Therefore, this remedy has only advantages if the period for requesting further processing has already expired).