What are the consequences of submitting an incomplete or modified translation of a PCT application?
Submitting an incomplete or modified translation of a PCT application for U.S. national stage entry can lead to rejection or delays in processing. The MPEP clearly states:
“A translation of less than all of the international application (e.g., a translation that fails to include a translation of text contained in the drawings or a translation that includes a translation of claims amended under PCT Article 19 or 34 but does not include a translation of the original claims) is unacceptable.”
Furthermore:
“In addition, a translation that includes modifications other than changes that have been properly accepted under PCT Rule 26 or 91 (e.g., a translation that includes headings that were not present in the international application as originally filed) is unacceptable.”
Key points to remember:
- The translation must be complete, including all parts of the international application as filed.
- Only changes accepted under PCT Rule 26 or PCT Rule 91 are allowed in the translation.
- Amendments, even minor ones, cannot be incorporated into the translation.
If an incomplete or modified translation is submitted, the USPTO will likely issue a Notification of Missing Requirements (PCT/DO/EO/905), requiring the applicant to correct the deficiencies within a specified time frame.
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