How does the USPTO handle translation errors in foreign priority documents for international design applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO handles translation errors in foreign priority documents for international design applications as follows:

• If an error in the translation of a foreign priority document is discovered after publication of the international registration, the USPTO will generally not take action to correct the error.
• However, the applicant may submit a corrected translation for consideration in any review of the foreign priority claim.

This approach is outlined in MPEP 2920.05(d), which states:

“Where an error in the translation of the foreign priority document is only discovered after publication of the international registration, the Office will generally not take action to correct the error. However, the applicant may submit a corrected translation for consideration in any review of the foreign priority claim.”

It’s important for applicants to ensure accurate translations are provided initially to avoid potential issues later in the application process.