Legal framework
The official languages of the EPO are English, French and German: Article 14(1) EPC. Under Article 14(3) EPC, the official language in which the European patent application is filed, or into which it is translated, is used as the language of the proceedings before the EPO.
For Euro-PCT applications, the position is specific. If the international application was published in one of the EPO official languages, that language is the language of proceedings before the EPO. The language of proceedings cannot be changed later. This is confirmed by G 4/08 and Guidelines A-XII, 5.1.
The PCT Applicant’s Guide for the EPO as designated/elected Office states the same principle: if the international application has been published in English, French or German, that language is the language of proceedings, and it cannot be changed subsequently.
Statement a)
False.
The international application is in English. English is one of the official languages of the EPO.
Since the international application was filed and published under the PCT in an EPO official language, the applicant cannot, on entry into the European phase, file a German translation in order to make German the language of the proceedings. This is exactly the situation addressed in G 4/08.
Statement b)
False.
If the application enters the European phase in English, English remains the language of the proceedings.
A European divisional application must be filed in the language of the proceedings of the earlier application: Rule 36(2) EPC. Therefore, a divisional from this Euro-PCT application would have to be filed in English, not German.
Statement c)
False.
The applicant cannot select German as the language of proceedings in EPO Form 1200 if the international application was already published in English.
The choice of language on European phase entry exists only where the international application was not published by the International Bureau in an EPO official language. If the PCT application was published in English, French or German, that language is fixed as the language of proceedings. See Guidelines A-XII, 5.1 and the PCT Applicant’s Guide entry for the EPO.
Statement d)
True.
Since statements a), b) and c) are all false, “none of the above” is correct.
The applicant may correspond in certain situations using another EPO official language, and oral proceedings may involve interpretation rules, but the formal language of the proceedings for this application remains English. It cannot be changed to German after European phase entry.
Exam tip
For Euro-PCT language questions, ask first whether the international application was published in English, French or German. If yes, that language is fixed for the European phase and cannot be changed. A translation can determine the language of proceedings only where the PCT application was not published in an EPO official language.
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.