17 Oct 2017

T 2410/11 - Translation error

Key points

  • In this examination appeal, the Board allows a correction in the description. The PCT application had originally been filed in Chinese, and the translation error in the description could be corrected. Article 14(2) EPC, applies " equally" to PCT applications according to established case law.



EPO T 2410/11 - link

Reasons for the Decision
1. The appeal complies with the provisions referred to in Rule 101 EPC and is therefore admissible.
Correction of translation error
2. The appellant submitted amended page 4 as a request for correction of the translation of the Euro-PCT application.
2.1 The international patent application corresponding to the present application was filed in the Chinese language and designated the European Patent Office for several contracting states. It is therefore equivalent to a regular European application (Euro-PCT application) pursuant to Article 153(2) and (3) EPC.


A translation into English of this international application was provided to the EPO, as prescribed by Article 153(4) EPC in conjunction with Article 14(1) EPC.
According to Article 14(2) EPC, the translation of a European application may be brought into conformity with the application as filed throughout the proceedings before the European Patent Office. The present application is deemed to be a European application pursuant to Article 153(2) EPC and must hence be treated as a regular European application. As a consequence, the provision of Article 14(2) EPC equally applies to the present application and, by analogy, the translation may be corrected throughout the proceedings before the EPO (see also decisions T 700/05 of 18 September 2008, reasons 4, and T 1483/10 of 28 February 2013, reasons 2.1 to 2.3).
2.2 Amended description page 4 replaces the following original text in the last three lines of that page
"The lower portion of the rear board 21 is extended outward, and two paralleled connectors, i.e., connector 22 and connector 23, are set longitudinally on the lower portion of the rear board 21",
with the text (amendments underlined by the Board)
"The lower half portion of the rear board 21 is extended to the right, and two paralleled connectors, i.e., connector 22 and connector 23, are set longitudinally on the lower portion of the rear board 21".
The appellant provided a signed "verification of translation" confirming that the two amendments on page 4 correspond to a correct translation of the Chinese text.
The Board is thus satisfied that the two amendments reflect a correct translation of the Chinese text, and that amended page 4 indeed corrects translation errors.
2.3 Consequently, the amendment introduced by page 4 as submitted with the appellant's letter of 12 April 2017 is in conformance with Article 14(2), second sentence, EPC.

No comments:

Post a Comment

Do not use hyperlinks in comment text or user name. Comments are welcome, even though they are strictly moderated (no politics). Moderation can take some time (I don't get emails about comments to be approved).