Where should I file the English translation of a non-English provisional application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

The English translation of a non-English provisional application must be filed in the provisional application itself, not in the non-provisional application claiming benefit. According to MPEP ¶ 2.38:

“An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3].”

Additionally, you must confirm in your current application that the translation and statement were filed in the provisional application.

For more information on non-English language, visit: non-English language.

For more information on provisional application, visit: provisional application.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority MPEP 211 - Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e) Patent Law Patent Procedure
Tags: Chain Of Copendency, Filing Before Abandonment, Ida Mandatory Elements, Priority Benefit, sir waiver