The Patents Rules 2007

Translations

113.—(1) Where any document filed at the Patent Office, or sent to the comptroller, is in a language other than English or Welsh it must be accompanied by a translation into English of that document.

(2) But paragraph (1) does not apply to the following documents—

(a) where the documents filed to initiate an application for a patent include something which is or appears to be a description of the invention, the document containing that thing;

(b) a priority application;

(c) a copy of an application provided under section 15(10)(b)(ii);

(d) a copy of a specification of a European patent (UK) filed in connection with an application by the proprietor to amend the specification;

(e) a copy of an application for a European patent (UK) provided under section 81(2)(b)(ii);

(f) an international application for a patent (UK), where a translation of the application or an amendment to it is a necessary translation;

(g) a document referred to in paragraph (5).

(3) Where more than one copy of the document mentioned in paragraph (1) is filed or sent, a corresponding number of translations shall accompany it.

(4) Where a document to which paragraph (1) applies is not accompanied by a translation, the comptroller may, if he thinks fit, take no further action in relation to that document.

(5) In relation to an international application for a patent (UK), where any document which is in a language other than English or Welsh is—

(a) referred to in an International Search Report or International Preliminary Report on Patentability; or

(b) cited in an International Preliminary Examination Report,

and the relevant report is filed at the Patent Office, the comptroller may direct that a translation into English of that document be filed.

(6) Where a direction is given under paragraph (5) a translation of that document must be filed before the end of the period of two months beginning with the date on which the direction is given; otherwise the comptroller may, if he thinks fit, take no further action in relation to the application.

(7) Subject to rule 82(1)(b), where a patent application or any document related to such application is filed at the Patent Office or sent to the comptroller in Welsh, and is not accompanied by a translation into English, the comptroller must obtain such a translation.

(8) In this rule a reference to a document includes a reference to a part of a document; and in paragraph (5) “International Preliminary Examination Report”, “International Preliminary Report on Patentability” and “International Search Report” and have the same meaning as in rule 64.