What happens if an application claims benefit to a non-English language provisional application?
When claiming benefit to a non-English language provisional application, the following are required:
- An English language translation of the provisional application
- A statement that the translation is accurate
These must be filed in the provisional application. If not filed, the applicant will be notified and given a period of time to file the translation and statement.
MPEP 211.01(a) states: If benefit is being claimed to a provisional application which was filed in a language other than English, (A) an English language translation of the provisional application, and (B) a statement that the translation is accurate, are required to be filed in the provisional application.
Failure to timely provide the translation and statement may result in the abandonment of the nonprovisional application.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure