Detailed Answer with Legal References
Statement a) — True
Under Art. 65(1) EPC, contracting states may require a translation of the European patent specification into one of their national languages within three months from the mention of grant.
In Italy, this requirement applies (National law relating to the EPC, Table IV).
Mention of grant: 09.01.2025
Deadline: 09.04.2025
Translation filed: 20.03.2025 → in time.
Thus, the translation is duly filed.
Statement b) — True
According to Art. 70(3) EPC, if a contracting state so prescribes, the translation filed under Art. 65 EPC is regarded as authentic.
Italy has adopted this provision (National law relating to the EPC, Table V).
Since the Italian translation narrows the claim from 3–40% to 3–4%, the Italian translation is regarded as the authentic text in Italy.
Statement c) — True
Per Art. 70(4)(a) EPC, the patent proprietor may file a corrected translation. This provision is applicable in Italy. Thus, Company X can file a corrected translation restoring the correct scope (3–40%).
Statement d) — False
Under Art. 70(4)(b) EPC, as adopted by Italy (National law Table V), a person who in good faith has begun use of the invention based on the narrower translation may continue to use the invention after the corrected translation is published.
If Y relied on the incorrect Italian translation in good faith, X cannot stop Y from selling products with 20% compound C.
If Y acted in bad faith (e.g. knew the correct scope), X could stop Y.
Since the statement is absolute (“X can stop Y”), it is false.
Exam Tip
Art. 65 EPC: Some states require translations of the granted EP specification within 3 months (check National law tables IV & V).
Art. 70 EPC:
(3) → States can declare the translation authentic if narrower.
(4)(a) → Corrected translations possible.
(4)(b) → Good faith users may continue exploitation even after correction.
Always check national provisions: the EPC gives options, but each state may adopt them differently.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.