What transitional arrangements apply to the translation of priority documents?
Under Rule 38(5) EPC 1973, where the previous application was not drawn up in an official language of the European Patent Office, a translation of that application must be filed within a period to be set by the EPO, but at the latest within the time limit under Rule 51(4) EPC 1973. Alternatively, a declaration may be submitted that the European patent application is a complete translation of the previous application. Under Rule 53(3) EPC 2000, a translation of the priority document will be required only if the earlier application is not drafted in one of the EPO’s official languages and the validity of the priority claim is relevant to the assessment of the invention’s patentability. Where the applicant has been asked to file a translation of the priority document before the entry into force of the EPC 2000, a distinction will be made between two cases during the transitional phase: (a) A request under Rule 38(5) EPC 1973 will be issued where the translation of the priority document is
