European Patents: translation of the Priority Document

CTI translates patents – particularly in the fields of electrical engineering, mechanics, textiles, pharmaceuticals and medicine – into Italian and many other languages including the official languages of the EPC (European Patent Convention), that is English, French and German.

According to the priority rule, anyone who has already submitted a regular patent application within any of the nations adhering to the Convention is able to benefit from priority rights during the six months following their initial application. This means that they can submit an application for a European patent in any of the other member states for the same invention with retroactive effect from the date of the first application. Once twelve months have passed from the date of the national application, the same patent may not be filed in other nations.

In order for priority rights to be valid, applicants must forward their priority document, which consists of a certified copy of the original application issued by the national patent office where this application was filed. This priority document includes the date, number and nation where the original application was validly filed, and must describe, at least in part, the object of the invention for which protection is being requested in other nations.

The priority document (certified copy) must be applied for from the Patent Office in the nation concerned and must be collected by the applicant or their representative as named in the application. They will then send the priority document to the EPO: a letter of transmittal signed by the applicant in the official language of the procedure is required, identifying the European patent application referred to in the document and the type of documentation being sent.

The translation of the priority document into the official language of the procedure must be delivered to the EPO within the time limit established by the Examination Divisions when they invite the applicant to provide a translation of the claims in the other two official languages that haven’t been used and give their approval to the proposed text for the grant.