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IV. Filing of translations of the patent specification under Article 65 EPC
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Introduction Abbreviations National legal bases Filing of European patent applications pursuant to Article 75, paragraphs 1(b) and 2, EPC Rights conferred by a European patent application after publication pursuant to Article 93 EPC (Article 67 EPC) Filing of translations of the claims pursuant to Article 67(3) EPC Filing of translations of the patent specification under Article 65 EPC Authentic text of a European patent application or European patent (Article 70 EPC) Payment of renewal fees for European patents Conversion of European patent applications or patents into national patent applications or patents Payment of fees Registering a transfer, licences and other rights in respect of a European patent in the national patent register Miscellaneous

Contracting States

Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Liechtenstein
Lithuania
Luxembourg
Monaco
Netherlands
Poland
Portugal
Spain
Romania
Slovakia
Slovenia
Sweden
Switzerland
Turkey
United Kingdom

Extension States

Albania
Bosnia and Herzegovina
Croatia
Latvia
Lithuania
The former Yugoslav Republic of Macedonia
Romania
Serbia and Montenegro Slovenia


National legal basis

Filing patent applications

Rights conferred

Translations of claims

Tranlations of patent specifications

Authentic text

Renewal fees

Conversion

Payment of fees

Registering a transfer

Miscellaneous 

 

Contracting State
United Kingdom

Contracting State

United Kingdom

1 Must a national professional representative be appointed?

No

The authorised professional representative before the EPO is not required to file a new authorisation (see also column 11).

R. 30 PR

2 Period for filing the translation

(i) 3 months from the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin

(ii) extendible by one month under R. 110(3) or

(iii) possibly longer upon request under R. 110(4) and, if request is allowed, R. 110(6)

R. 80, 110(3), 110(4), 110(6) and Schedule 4:2 PR

3 (a) Special fee payable? (b) If so, when due?

(a)(i) No

(ii) GBP 135 (with Form 52/77)

(iii) GBP 135 (with Form 52/77) followed by a further GBP 135 (with Form 53/77) if the request is granted.

(b)(i) N/A

(ii) on filing of Form 52/77 before the end of the month specified in column 2(ii)

(iii) on filing of Form 52/77, whether or not the period specified in column 2(i) (including any extension obtained under R. 110(3)) has expired; and again upon filing Form 53/77 if the request is granted.

R. 80 and Schedule 4:2 PR

Schedule to PFR

4 Language(s) in which the translation must be filed

English (see column 11)

Sect. 77(6) PA

5 Must a form be used?

Yes

column 2(i) Form 54/77 in duplicate

column 2(ii) Form 52/77

column 2(iii) Form 52/77 generally accompanied by a statutory declaration or affidavit verifying the grounds for the request; followed by the filing (if the request is granted) of Form 53/77.

R. 80, 110(3), 110(4), 110(6) and Schedule 4:1 PR

6 No. of copies to be filed

2

R. 80 and Schedule 4:1 PR

7 Are documents which meet the formal requirements pursuant to Rules 32 and 35(3)-(14) EPC accepted?

Yes

R. 80 and Schedule 4:1(3), 1(4) PR

8 Manner and form in which the translation is made available to the public

Display in Science Reference and Information Service, London

Copies available from the UK Patent Office

Mention in the “Patents and Designs Journal"

Entry in the patent register

Sect. 77(8) PA

R. 93 PR

9 Correction of translation permitted?

Yes

(a) Form 54/77 (corrections under Sect. 80(3); R. 80 and Schedule 4:4) in duplicate

(b) Form 11/77 (corrections under Sect. 117, R. 91)

Sect. 80(3), 117 PA

R. 80, 91 and Schedule 4:4 PR

10 Is provision made for a special fee for correction?

(a) No

(b) GBP 40 due at the same time as filing the corrected translation and request

Sect. 80(3), 117 PA

R. 80, 91 and Schedule 4:4 PR

Schedule to PFR

11 Special features

The translation shall be verified by the translator to the satisfaction of the comptroller as corresponding to the original text of the patent specification.

R. 80 and Schedule 4:5 PR

The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

R. 80 and Schedule 4:1(2) PR

The UK Patent Office will accept translations before the date of mention of the grant of the patent in the European Patent Bulletin is known.

A UK address for service should be given when filing the translation. In the absence of any notification of an address for service, the proprietor’s address on the register will be treated as the address for service, even if that address is outside the UK. (However, where there are no proceedings before the UK Patent Office, an address for service in the UK is no longer required.)

The UK Patent Office will remind the proprietor of the need to file an English translation of the EP specification.

For further information contact the European Translations Section: Tel. (+ 44 1633) 81 46 35

R. 30 PR

 


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Version: NatLaw-july 2004
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