Can I file the English translation and accuracy statement in the nonprovisional application instead of the provisional application?

Generally, the English translation and accuracy statement for a non-English provisional application must be filed in the provisional application itself, not in the nonprovisional application. However, there is an exception:

As noted in the MPEP, Do not use this form paragraph if a translation of the provisional application and a statement that the translation was accurate were filed in the nonprovisional application (the present application) before November 25, 2005.

This means:

• For applications filed on or after November 25, 2005, the translation and statement must be filed in the provisional application.
• For applications filed before November 25, 2005, it was acceptable to file these documents in the nonprovisional application.

It’s important to follow the current requirement of filing these documents in the provisional application to ensure proper benefit claim.

For more information on filing requirements, visit: filing requirements.

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

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