If the applicant for or proprietor of the European patent does not provide the translation in time, the right of priority is lost and the applicant or proprietor is informed accordingly (see A‑III, 6.11). This has the effect that the intermediate document(s) will become prior art under Art. 54(2) or Art. 54(3), as applicable, and therefore relevant for the assessment of patentability. There is no further invitation to the applicant or proprietor to file the translation. However, in examination proceedings, further processing is available in case of failure to file the translation in time (see E‑VIII, 2). Where appropriate, the applicant can also request a decision under Rule 112(2) (see E‑VIII, 1.9.3).
Where translations of more than one priority document are requested and not provided in time, one further processing fee is due according to Rule 135(1) and Art. 2(1), item 12, RFees for each of these priorities. This applies even where the translations were requested in a single Rule 53(3) invitation.
In the event of failure to file the translation in time in opposition proceedings, the proprietor can request re-establishment of rights according to Art. 122 and Rule 136 (see E‑VIII, 3). Further processing is not available to the patent proprietor in opposition proceedings. A decision according to Rule 112(2) may, however, be requested, if applicable (see E‑VIII, 1.9.3).
Date retrieved: 30 December 2018