What is Form Paragraph 23.19 and when is it used in patent examination?
Form Paragraph 23.19 is a standardized notification used by patent examiners to inform applicants about the requirement for a certified English translation of a foreign priority document. According to MPEP 2304.01(c):
“Form paragraph 23.19 may be used to notify applicant that a certified English translation of the priority document is required.”
The content of Form Paragraph 23.19 is as follows:
“Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action, 37 CFR 41.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application.”
This form paragraph is used when an applicant claims foreign priority but has not provided a certified English translation of the foreign application, particularly in the context of potential interference proceedings.
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