When is a translation of the priority document required in PCT applications?
A translation of the priority document may be required in PCT applications when the original document is not in the language of the International Preliminary Examining Authority. MPEP 1870 states:
“If the application whose priority is claimed in the international application is in a language other than the language or one of the languages of the International Preliminary Examining Authority, that Authority may, where the validity of the priority claim is relevant for the formulation of the opinion referred to in Article 33(1), invite the applicant to furnish a translation in the said language or one of the said languages within two months from the date of the invitation.”
This translation is crucial when the priority claim affects the assessment of novelty or inventive step of the invention.
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