PCT Receiving Office Guidelines

Chapter V: Language Check

(Article 3(4)(i); Rules 12.1, 12.3, 12.4 and 26.3ter)

Language of Description and Claims

65A. Requirements. The receiving Office checks whether the description and claims are filed in a single language that is accepted by the receiving Office.

65B. The receiving Office may determine that the description and claims comply with the requirement to be in a single language accepted by the Office if the use of multiple languages assists in the comprehension of the disclosure.  For example, translation of the description and claims into a single language may not be appropriate in the case of language-neutral terms (such as computer coding language), certain technical terms including their transliteration or translation, scientific publication citations, or inventions relating to translation technology.

65C. If one of the languages used in the description and claims is not accepted by the receiving Office, Rule 19.4(a)(ii) applies (paragraphs 41 and 274 to 277).

65D.  Invitation to Furnish Translation of Description or Claims (or Part Thereof) and Late Furnishing Fee.  If the description and claims, or part thereof, are not filed in a single language but all the languages in the description and claims as filed are accepted by the receiving Office, the receiving Office invites the applicant to furnish a translation to provide the description and claims in a single language within one month from the date of receipt of the international application (Form PCT/RO/145) unless the receiving Office determines that such translation is not required (paragraph 65B).  This invitation should preferably be sent together with Form PCT/RO/105.  The translation must provide the description and claims in a single language which is:

(i)  one of the languages contained in the description or claims as filed;

(ii)  a language accepted by the International Searching Authority that is to carry out the international search; and

(iii)  the language in which the international application is to be published.

65E.  If all three criteria under Rule 26.3ter(3) cannot be satisfied, the receiving Office invites the applicant to furnish a translation of the international application under Rule 12.3 or 12.4 (see paragraphs 66 to 69A) (for example, the languages used, while accepted by the receiving Office, are not languages accepted by the chosen International Searching Authority or languages of publication).

65F.  If the required translation is not furnished within the one-month time limit referred to under 65D, the Office may require the applicant to pay any applicable late furnishing fee (Rule 12.3(e)) within one month from the date of the invitation or two months from the date of receipt of the international application by the receiving Office, whichever expires later (Rule 12.3(c)).