Publication of the application by the International Bureau takes the place of publication by the EPO, with the proviso that, if the language of the application or its publication is not one of the official languages of the EPO, then within 31 months of the priority date, the EPO must, according to Art. 22(1) PCT and Rule 107(1)(a), be supplied by the applicant with a translation of the international application in one of those languages, which it must publish.

If the translation is not supplied, the application is to be deemed withdrawn (Art. 24(1) PCT, Rule 108(1)). Furthermore, in this case, the application which has been published under the PCT is not considered as comprised in the state of the art in accordance with Art. 54(3) (see C-IV, 6.2). However, if the EPO finds that the application is deemed to be withdrawn because the translation was not filed in due time, it must first communicate this to the applicant (Rule 108(3)). Rule 69(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 is filed and a surcharge under Art. 2, No. 3c, RFees is paid.