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CHAPTER V DEROGATIONS FROM THE LANGUAGE OF THE PROCEEDINGS IN ORAL PROCEEDINGS 1. Use of an official language "Any party to oral proceedings before the EPO may, in lieu of the language of the proceedings, use one of the other official languages of the EPO, on condition either that such party gives notice to the EPO at least one month before the date laid down for such oral proceedings or makes provision for interpreting into the language of the proceedings." In the former case, it is the responsibility of the Office to provide for interpretation at its own expense. »»Rule 2(1) »»Rule 2(5) 2. Language of a Contracting State or other language "Any party may likewise use one of the official languages of the Contracting States", other than English, French or German "on condition that he makes provision for interpretation into the language of the proceedings." However, "if the parties and the EPO agree, any language may be used in oral proceedings" without interpretation or prior notice. »»Rule 2(1) »»Rule 2(4) 3. Exceptions from points 1 and 2 Derogations are permitted from the provisions of Rule 2(1), and these are at the discretion of the EPO. Clearly such permission must depend on the circumstances of the individual case. It can for example be envisaged that a party might be unable to give one month's notice through no fault of his own, and, although he has made arrangements for an interpreter, the latter is unable (e.g. through illness) to attend. If, in such circumstances, the Office is unable to provide for interpretation, it should, if the oral proceedings occur at the examination stage, postpone them. However, in opposition proceedings, the oral proceedings should continue if the parties agree and the employees of the EPO involved in the proceedings can cope with the language. In other cases, the Office should postpone the oral proceedings and any costs incurred by the innocent party as a result of the postponement should be a matter for apportionment under Art. 104. »»Rule 2(1) 4. Language used in the taking of evidence When the evidence is being taken, a party, witness or expert who is unable to express himself adequately in English, French or German or in any other official language of the Contracting States, is permitted to use another language. The Office is responsible for interpretation into the language of the proceedings, assuming that this is necessary, if the evidence is taken at the request of the Office itself. But, if the taking of evidence follows a request by a party to the proceedings, the use of a language other than English, French or German should be allowed only if that party provides for interpretation into the language of the proceedings or, at the discretion of the Office, into any one of English, French or German. This discretion should be exercised in opposition proceedings only if the other parties agree. »»Rule 2(3) 5. Language used by employees of the European Patent Office Employees of the EPO may use any one of English, French or German in the course of all oral proceedings. If, prior to the commencement of oral proceedings, an employee is aware that he may need to use a language other than the language of the proceedings, he should ensure that the parties involved are informed of his intention. However, employees should not depart from the language of the proceedings without good reason, and unless the parties involved are competent in the language used and express no objection, the Office should provide for interpretation into the language of the proceedings at its own expense. »»Rule 2(2) 6. Language used in the minutes Where the official language actually employed in an oral proceedings is not the language of the proceedings as defined in Art. 14(3), if the Examining or Opposition Division considers it appropriate and subject to explicit agreement of all parties concerned, the minutes may be recorded in the language actually employed in the oral proceedings. Prior to the agreement of the parties, their attention should be drawn to the fact that the Office will not provide translations of the minutes into the language of the proceedings as defined in Art. 14(3). This condition, as well as the declaration of agreement of the party or parties, should be recorded in the minutes. Statements made in English, French or German, are entered in the minutes of the proceedings in the language employed. "Statements made in any other language shall be entered in the official language into which they are translated. Amendments to the text of the description or claims of a European patent application or European patent" made during oral proceedings "shall be entered in the minutes in the language of the proceedings." If the proceedings are conducted in a language other than English, French or German and no interpretation is effected then statements should be entered in the minutes in the language employed and the Office should subsequently provide in the minutes a translation into the language of the proceedings. »»Rule 2(6)

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