Guide for Applicants - Part 2
How to get a European patent
 


 

D  /  E




 
Guide for Applicants - Part 2    
D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II C. The EPO as an International Searching Authority (ISA) - PCT Chapter I E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office
I. General II. The procedure before the EPO as ISA II. The international preliminary examination procedure before the EPO as an IPEA
Translation of the international application Delaying of national phase until 30 months Applications filed in Dutch

Translation of the international application


120

If neither the language in which the international application was filed nor the language in which the application was published is one of the official languages of the EPO (English, French or German), the applicant must file a translation in one of these languages with the EPO as IPEA.

R. 55.2 PCT
WIPO PCT Guide 332, 334
OJ 1993, 540



This situation occurs if the international application was filed in Spanish, and the Spanish patent office acted as ISA. However, if the international application was filed in Spanish but the EPO acted as ISA, the applicant need not furnish a translation to the EPO as IPEA. In such cases the international preliminary examination will be carried out on the basis of the translation furnished for the purposes of international search (see point 71).


121

The applicant must also file a translation of any amendments to the international application if he wishes them to be taken into account for the international preliminary examination.

R. 53.9, 55.3, 66.9 PCT

WIPO PCT Guide 381