PCT AG-IP 6.020 What are the translation requirements if the international application is filed in a language which is accepted by the International Searching Authority, but is not a language of publication?

Rule 12.4
48.3

6.020.   What are the translation requirements if the international application is filed in a language which is accepted by the International Searching Authority, but is not a language of publication?  If the international application is filed in a language which is not a language of publication but is a language accepted by the International Searching Authority which is to carry out the international search, the applicant must furnish to the receiving Office a translation of the international application into a language of publication which the receiving Office accepts for that purpose.  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 the translation of the request, see paragraph 6.019.)

6.021.   The translation of the international application must be furnished to the receiving Office within 14 months from the priority date.  Where the applicant has not furnished the required translation within the applicable time limit, the receiving Office will invite the applicant to furnish the required translation, and to pay, where applicable, the late furnishing fee (see paragraph 6.023), within 16 months from the priority date.

6.022.   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and the applicant has not done so within the applicable time limit, the international application will be considered withdrawn and the receiving Office will so declare.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by the receiving Office before that Office makes the declaration that the international application is considered withdrawn, and before the expiration of 17 months from the priority date, will be considered to have been received before the expiration of the applicable time limit.

6.023.   The late furnishing fee which any receiving Office may collect for translations which are furnished after the expiration of the time limit of 14 months from the priority date, 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