Where a translation of the previous application into one of the official languages of the EPO is required, it must be filed within the time limit set by the EPO, but at the latest within the non-extendable time limit laid down in Rule 51(4). Alternatively, a declaration that the European patent application is a complete translation of the previous application may be submitted within those same time limits (see also C-V, 3.2 and 3.3). The declaration may already be made by crossing the appropriate box in the Request for Grant form (Form 1001, Section 25a). This declaration is only valid if the text of the European application as filed is an exact translation of the text of the earlier application (description and claims) of which priority is claimed. If not, or if the European application contains more or less text than is contained in the earlier application as filed, such a declaration cannot be accepted and a complete translation must be filed. A merely different arrangement of the various elements (i.e. the claims vs. the description) of the application does not affect the validity of such a declaration (see Legal Advice No. 19/1999, OJ 5/1999, 296).

Failure to file the translation, or, where applicable, the declaration, constitutes a deficiency which the applicant is requested to rectify within a time limit specified by the EPO (see also III, 14.2).

If the required translation or declaration is not filed within the time limit, the right of priority is lost for the European patent application (see III, 6.10 and 6.11).