Article 5 · Commission Delegated Regulation (EU) 2026/137

Contents

Article 5Admissibility of an application for a declaration of invalidity#

1.Where the fee for an application for a declaration of invalidity required under Article 52(2) of Regulation (EC) No 6/2002 has not been paid, the Office shall invite the applicant to pay the fee within a period specified by it. Where the required fee is not paid within the specified period, the Office shall inform the applicant that the application for a declaration of invalidity is deemed not to have been filed. Where the fee has been paid after the expiry of the specified period, it shall be refunded to the applicant.

2.Where the application for a declaration of invalidity does not comply with the requirements laid down in Article 2, the Office shall inform the applicant accordingly and shall require the applicant to remedy the deficiencies noted within a period of two months. If the deficiencies are not remedied within the time limit, the Office shall reject the application as inadmissible.

3.Where the application for a declaration of invalidity filed pursuant to the requirements laid down in Article 2 of this Regulation has been filed in a language other than the language of proceedings according to Article 98(4) of Regulation (EC) No 6/2002, the Office shall request the applicant to produce a translation in that language within a period of one month. Where that translation is not filed within the time limit, the Office shall reject the application for a declaration of invalidity as inadmissible. When the missing translation is limited to supporting evidence under Article 2(1), point (d), and Article 2(3) and (4) of this Regulation and no other grounds for inadmissibility apply, the Office shall disregard that evidence as inadmissible and proceed with the examination of the application.

4.Article 15 of Implementing Regulation (EU) 2026/138 shall apply to any other supporting documents not required for admissibility of an application for a declaration of invalidity pursuant to Article 2 of this Regulation.

5.The Office shall notify the parties of any finding pursuant to paragraph 1 that the application for a declaration of invalidity is deemed not to have been filed and of any decision to reject the application for a declaration of invalidity on the grounds of inadmissibility under paragraphs 2 or 3. Where an application for a declaration of invalidity is rejected as inadmissible prior to the sending of the communication referred to in Article 6(1), no decision on costs shall be taken.