|
D
/
E
How to get a European patent
A. General overview
B. The EPO as a PCT receiving Office
C. The EPO as an International Searching Authority
D. The EPO as an International Preliminary Examining Authority
E. Euro-PCT procedure before the EPO as a designated or elected Office
Annexes
 |
|
What the translation must include
|
·
|
the description
|
|
·
|
the claims as originally filed
|
|
·
|
any text in the drawings
|
|
·
|
|
any amendments made to the claims in the proceedings before the IB (see point 84) and the statement under Article 19 PCT explaining the amendments and indicating any impact such amendments might have on the description and drawings, but only if the applicant wishes them to form the basis of further proceedings;
|
|
·
|
|
any separately furnished references to deposited biological material (Form 1200, Section 8)
|
|
R. 13bis.3 and 13bis.4 PCT
|
|
204
|
In addition, if the EPO acts as elected Office, translations of any annexes to the international preliminary examination report (IPRP Chapter II) must always be furnished, even if the applicant does not wish them to form the basis for the further proceedings.
| |
Art. 36(3)(b), 39(2) PCT
R. 74 PCT
|
|
205
|
If the applicant wishes the amendments to the claims made before the IB under Article 19 PCT to form the basis of the subsequent procedure, and these amendments are not annexed to the international preliminary examination report, then they and the statement explaining them must also be furnished in translation.
| |
Art. 39(2) PCT
R. 49.5(c-bis) PCT
|
|
206
|
If the translation of all annexes to the international preliminary examination report is not filed in due time, the applicant is invited to furnish the missing translation within a reasonable time limit. If the applicant fails to comply, the Euro-PCT application is deemed to be withdrawn. Any amendments under Article 19 PCT not furnished in translated form will be disregarded for the further proceedings.
|
|
|
|
| |
