Where a translation of the priority application is already available to the EPO under Rule 53(2), the applicant does not need to file it.
In cases where the priority application is in an official language of the EPO and the European application is in a different official language of the EPO, there is no requirement for the applicant to file a translation of the priority application according to Rule 56(3)(b). However, since the language of the priority and of the European applications differ, the requirement that the newly introduced drawings (if they contain annotations) or parts of the description are "completely contained" in the priority application (Rule 56(3)) is not met.
This can be overcome by the applicant's supplying within the applicable time limit (see whichever of A‑II, 5.1 or A-II, 5.2 applies), either:
Date retrieved: 17 May 2021
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EPC Implementing Rules
EPO Guidelines - A Formalities Examination
XGL A II 5.2 Late filing of missing drawings or missing parts of the description – without invitation