What action does the USPTO take if the required documents for a non-English provisional application are missing?
When the required documents for a non-English provisional application are missing, the USPTO takes specific actions to notify the applicant. According to MPEP ¶ 2.38:
“Use this form paragraph to notify applicant that an English translation of the non-English language provisional application and/or a statement that the translation is accurate is required.”
The USPTO will issue an Office action informing the applicant of the missing documents and setting a time period for their submission. The applicant must then provide the missing translation and/or accuracy statement in the provisional application and confirm their filing in the present application. Failure to do so within the specified time period may result in the abandonment of the present application.
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