Article 113 Translations

(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 F1beginning immediately after 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.

Annotations

Textual amendments

F1: Words in rule 113(6) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)