PCT AG-IP 6.014 What are the translation requirements if the international application is filed in a language which is not accepted by the International Searching Authority?

Rule 12.3

6.014.   What are the translation requirements if the international application is filed in a language which is not accepted by the International Searching Authority?  Where the language in which the international application is filed is not accepted by the International Searching Authority that is to carry out the international search, the applicant must furnish, to the receiving Office, a translation of the international application into a language which is both a language accepted by that Authority and a language of publication.  Moreover, unless the international application was filed in a language of publication (see paragraph 9.017), the language into which the international application is translated must also be a language in which international applications may be filed with the receiving Office concerned.  No translation is required of any sequence listing part of the description which complies with the standard provided for in Annex C of the Administrative Instructions.  (Concerning translation of the request, see paragraph 6.019.)

6.015.   The translation of the international application must be furnished to the receiving Office within one month from the date on which the international application was received by that Office.  Where, by the time the receiving Office notifies the applicant of the international application number and international filing date, the applicant has not furnished the required translation, the receiving Office will, preferably together with that notification, invite the applicant to furnish the required translation either within the time limit of one month from the date on which the international application was received by the receiving Office, or, in the event that the required translation is not furnished within that time limit, to furnish it and to pay, where applicable, the late furnishing fee (see paragraph 6.017), within one month from the date of the invitation or two months from the date of receipt of the international application by the receiving Office, whichever expires later.

6.016.   Where the receiving Office has sent to the applicant an invitation to furnish the translation and, where applicable, pay the late furnishing fee, and the applicant has not done so within the applicable time limit, the international application will be considered withdrawn and the receiving Office will so declare.  However, any translation and any payment which are received by the receiving Office before that Office makes the declaration that the international application is considered withdrawn, and before the expiration of 15 months from the priority date, will be considered to have been received before the expiration of the applicable time limit.

Rule 12.3(e)

6.017.   The late furnishing fee which any receiving Office may collect for translations which are furnished after the expiration of the time limit of one month from the date on which the international application is received by the receiving Office, is equal to 25% of the international filing fee referred to in item 1 of the Schedule of Fees, not taking into account any fee for each sheet of the international application in excess of 30 sheets.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip06.html

Date retrieved: 02 November 2015

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PCT Implementing Rules

PCT Applicant's Guide - International Phase