What must the translation include?
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the description (as originally filed)
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the claims (as originally filed)
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any text in the drawings (as originally filed)
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the abstract (as published).
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only if the applicant wishes such amendments to form the basis of further proceedings, any amendments made to the claims under Article 19 PCT in the form of a translation of the complete set of claims furnished in replacement of all claims originally filed (see point 3.2.027). The claims as amended under Article 19 PCT must be submitted together with, if submitted to the IB, the translated statement under Article 19(1) PCT explaining the amendments and the translated accompanying letter under Rule 46.5(b) PCT, indicating the basis for the amendments in the application as filed, in an official language of the EPO, so as to allow the examiner to understand and take the amendments into account. If a translation of the complete set of claims submitted under Article 19 PCT is not furnished or not accompanied by a translation of, if submitted to the IB, the statement under Article 19(1) PCT and, as the case may be, the accompanying letter under Rule 46.5(b) PCT, the amendments under Article 19 PCT will be disregarded for the further proceedings. If only the statement under Article 19(1) PCT is not available in an official language, only that document will be disregarded. If the translation of the accompanying letter under Rule 46.5(b) PCT is not filed in time, the EPO will disregard that letter and may proceed under Rule 137(4) EPC where applicable.
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any published request for rectification
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any sequence listing, unless the text in the sequence listing is available to the EPO in English (see point 5.6.010)
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any separately furnished references to deposited biological material (Form 1200, Section 8).
In addition, if the EPO acts as elected Office, translations of any annexes to the international preliminary examination report (IPER) must always be furnished, i.e. including any accompanying letter under Rules 66.8(a) or (b) PCT indicating the basis for the amendments in the application as filed. Such translations must be filed regardless of whether protection is sought for the same version of the application documents as was the subject of the IPER. Therefore, a translation of any amendments made under Article 19 PCT (and the accompanying letter under Rule 46.5(b) PCT, if annexed to the IPER) must also always be filed if such amendments are annexed to the IPER.
If the applicant wishes the amendments to the claims made before the IB under Article 19 PCT to form the basis of the subsequent procedure before the EPO as elected Office, and these amendments are not annexed to the IPER (for instance because they were considered reversed by an amendment under Article 34 PCT), then these amendments must also be furnished in translated form, as otherwise they will be disregarded for the further proceedings. Any statement under Article 19(1) PCT and the letter under Rule 46.5(b) PCT must also be furnished in an official language of the EPO. If only the statement under Article 19(1) PCT is not available in an official language, only that document will be disregarded (see point 5.5.011). If the translation of any of the accompanying letters referred to in Rule 70.16(a)(i) PCT is not filed in time, the EPO will disregard these letters and may proceed under Rule 137(4) EPC where applicable.
Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c5_5_2.html
Date retrieved: 17 May 2021
21 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Implementing Rules
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int.
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
PCT Articles
XA.36 PCT Transmittal, Translation, and Communication, of the International Preliminary Examination Report
PCT Implementing Rules
XR.70 PCT International Preliminary Report on Patentability by the International Preliminary Examining Authority (International Preliminary Examination Report)