What are the consequences of submitting an incomplete or modified translation of a PCT application?

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.

Submitting an incomplete or modified translation of a PCT application for U.S. national stage entry can lead to rejection or delays in processing. The MPEP clearly states:

“A translation of less than all of the international application (e.g., a translation that fails to include a translation of text contained in the drawings or a translation that includes a translation of claims amended under PCT Article 19 or 34 but does not include a translation of the original claims) is unacceptable.”

Furthermore:

“In addition, a translation that includes modifications other than changes that have been properly accepted under PCT Rule 26 or 91 (e.g., a translation that includes headings that were not present in the international application as originally filed) is unacceptable.”

Key points to remember:

• The translation must be complete, including all parts of the international application as filed.
• Only changes accepted under PCT Rule 26 or PCT Rule 91 are allowed in the translation.
• Amendments, even minor ones, cannot be incorporated into the translation.

If an incomplete or modified translation is submitted, the USPTO will likely issue a Notification of Missing Requirements (PCT/DO/EO/905), requiring the applicant to correct the deficiencies within a specified time frame.