How does a previously submitted translation for provisional rights affect the translation requirement for national stage entry?
A previously submitted translation for provisional rights can satisfy the translation requirement for national stage entry under certain conditions. The MPEP states:
“A translation of the international application as filed and identified as provided in 37 CFR 1.417 submitted for the purpose of obtaining provisional rights pursuant to 35 U.S.C. 154(d)(4) can be relied on to fulfill the translation requirement under 35 U.S.C. 371(c)(2) in a national stage application.”
Key points to remember:
- The translation must be of the international application as filed.
- It must be identified as provided in 37 CFR 1.417.
- The translation must have been submitted for obtaining provisional rights under 35 U.S.C. 154(d)(4).
- If these conditions are met, the same translation can fulfill the requirement for national stage entry under 35 U.S.C. 371(c)(2).
This provision can save time and resources for applicants who have already submitted a compliant translation for provisional rights purposes.
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