Legal framework
The official languages of the EPO are English, French and German. A European patent application may be filed in another language, but it must then be translated into one of the EPO official languages. If the required translation is not filed in due time, the application is deemed withdrawn: Article 14(1) and (2) EPC. For such translations, Rule 6(1) EPC provides a period of two months from filing the European patent application.
Under Article 14(4) EPC, nationals of a contracting state having an official language other than English, French or German may file documents which have to be filed within a time limit in that official language, even if they are resident abroad. They must, however, file a translation into an EPO official language. For a notice of opposition, Rule 6(2) EPC provides that the translation is normally due within one month of filing the document, but may be filed within the opposition period if that period expires later.
The opposition period is nine months from publication of the mention of grant: Article 99(1) EPC. Periods expressed in months are calculated under Rule 131(4) EPC.
Statement a)
False.
The mention of grant of EP-Y was published on 12 November 2024. The nine-month opposition period under Article 99(1) EPC therefore expires on 12 August 2025.
Ms De Jong filed the notice of opposition in Dutch on 4 June 2025. Under Rule 6(2) EPC, the translation would normally be due within one month, i.e. by 4 July 2025. However, because the document is a notice of opposition, the translation may instead be filed within the opposition period if that period expires later. Here, the opposition period expires later, on 12 August 2025.
Therefore, it is wrong to say that the translation must be filed at the latest within one month of filing the notice of opposition.
Statement b)
True.
EP-Z is a European patent application filed in Dutch. Under Article 14(2) EPC, a European patent application filed in a language other than English, French or German must be translated into one of the official languages of the EPO.
The applicable time limit is two months from filing under Rule 6(1) EPC. Since EP-Z was filed on 4 June 2025, the translation is due by 4 August 2025, subject to any applicable extension rules.
Statement c)
False.
Ms De Jong is not entitled to a reduction of the opposition fee under the current EPC fee-reduction rules.
The language-related fee reduction now applies where a qualifying person files a European patent application or a request for examination in an admissible non-EPO language. The reduced fees are the filing fee or the examination fee, not the opposition fee: Rule 7a(1) EPC and Article 14(1) RFees.
Statement d)
True.
Ms De Jong is a Dutch citizen. Dutch is an official language of the Netherlands, a contracting state having an official language other than English, French or German. As a national of that state resident abroad, she falls within Article 14(4) EPC for the language arrangements.
Because EP-Z was filed in Dutch, she may obtain the language-related reduction of the filing fee, provided the application, in particular the description, was filed in Dutch and she makes the required declaration of eligibility. This follows from Rule 7a(1) EPC, Rule 7b(1) EPC, and Guidelines A-X, 9.3.1 and A-X, 9.3.2.
Exam tip
Do not use the old reflex that filing an opposition in an admissible non-EPO language gives a reduction of the opposition fee. For current-law questions, especially after the 2024 fee-support changes, the language-related reduction is relevant to the filing fee and examination fee, not to the opposition fee. For translations, remember the special rule: a notice of opposition filed in an admissible non-EPO language can be translated within the opposition period if that period expires later than the normal one-month period.
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.