Does previous practice in filing European patent applications have to change in order to meet the requirements under the EPC 2000 for accordance of a date of filing?
Since the requirements for accordance of a date of filing were stricter under the EPC 1973, there is no need for any change in filing practice. Patent applications which are in line with the EPC 1973 will also satisfy the less rigorous conditions for the accordance of a date of filing under the EPC 2000, which correspond to the international standards under the Patent Law Treaty of 1 June 2000 (PLT). An example of the relaxed requirements for accordance of a date of filing can be found in the re-worded Article 14(2) EPC 2000, stating that the application must be filed in one of the EPO official languages or, if filed in any other language, translated into one of the official languages. Therefore, for the purposes of accordance of a date of filing, a European patent application can be filed in any language (see Rule 40 EPC 2000). If the application is not in an official language of the EPO, the applicant must file a translation into an official language (see Rules 6 and 58 EPC 2000).
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