Legal framework
The official languages of the EPO are English, French and German: Article 14(1) EPC. A European patent application filed in one of these languages has that language as the language of the proceedings: Article 14(3) EPC.
For Euro-PCT applications, if the international application was published by WIPO in an EPO official language, that language is the language of the proceedings in the European phase. The applicant cannot change it by filing a translation into another EPO official language. This was confirmed in G 4/08 and is reflected in Guidelines A-XII, 5.1.
Under Article 87(1) EPC, a person who has filed a first application, or their successor in title, enjoys a right of priority for filing a European patent application for the same invention during a period of twelve months from the filing date of the first application.
For European divisional applications, Rule 36(2) EPC provides that the divisional must be filed in the language of the proceedings of the earlier application.
Statement a)
False.
PCT1 was filed in French. French is one of the official languages of the EPO. Therefore, if PCT1 was filed and published under the PCT in French, the language of the proceedings before the EPO on entry into the European phase is French.
The applicant cannot file an English translation on entry into the European phase and thereby make English the language of proceedings. This is expressly excluded by G 4/08 and Guidelines A-XII, 5.1.
Statement b)
True.
EP-FR is a new European patent application claiming priority from FR2. It may be filed in English, because English is an official language of the EPO under Article 14(1) EPC. If filed in English, English becomes the language of the proceedings under Article 14(3) EPC.
The fact that the priority application FR2 was filed in French does not require the later European application to be filed in French. The language of the priority document does not determine the language of the later European proceedings.
Statement c)
False.
FR2 was filed in October 2024 and claims no earlier priority. The priority period under Article 87(1) EPC is twelve months from the filing date of the first application.
On 5 September 2025, a filing made in October 2024 is still within the 12-month priority period, regardless of the exact filing day in October. Therefore, it is still possible on 5 September 2025 to file a European application validly claiming priority from FR2, assuming the priority right has validly passed to the British client.
Statement d)
False.
If EP-FR is filed in French, French is the language of the proceedings. Under Rule 36(2) EPC, a divisional application must be filed in the language of the proceedings of the earlier application.
The alternative in Rule 36(2) EPC, allowing filing in the language of the earlier application followed by a translation, applies only where the earlier application was not filed in an EPO official language. That is not the case here, because French is an EPO official language.
Therefore, a divisional of EP-FR filed in French cannot validly be filed in English.
Exam tip
For language questions, distinguish between a new European application and a Euro-PCT application entering the European phase. A new European application can be filed in English even if the priority application was in French. But a Euro-PCT application already filed and published in French keeps French as its language of proceedings; G 4/08 prevents switching to English on entry.
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.