When must an applicant provide a certified translation for a foreign benefit application?

According to MPEP 2304.01(c), an applicant must provide a certified translation of a foreign benefit application when:

  • The foreign benefit application or PCT application is not filed in English
  • The examiner requires the applicant to file a certified translation
  • The applicant wants to be accorded the benefit of the non-English language application

The MPEP states: “If no certified translation is in the official record for the application, the examiner must require the applicant to file a certified translation. The applicant should provide the required translation if applicant wants the application to be accorded benefit of the non-English language application.”

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Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2304.01(C) - Translation Of Foreign Benefit Application, Patent Law, Patent Procedure
Tags: Certified Translation, Foreign Benefit Application, Non-English Application, patent examination