What is Form Paragraph 23.19 and when is it used in patent examination?

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.

Form Paragraph 23.19 is a standardized notification used by patent examiners to inform applicants about the requirement for a certified English translation of a foreign priority document. According to MPEP 2304.01(c):

“Form paragraph 23.19 may be used to notify applicant that a certified English translation of the priority document is required.”

The content of Form Paragraph 23.19 is as follows:

“Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action, 37 CFR 41.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application.”

This form paragraph is used when an applicant claims foreign priority but has not provided a certified English translation of the foreign application, particularly in the context of potential interference proceedings.