Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 200 – Types and Status of Application; Benefit and Priority (1)
The MPEP does not specify a fixed deadline for submitting the English translation of a non-English provisional application. However, it indicates that the translation must be provided within a time period set by the USPTO. According to MPEP ¶ 2.38:
“If 1) and 2) are not filed (or if the benefit claim is not withdrawn) prior to the expiration of the time period set in this Office action, the present application will be abandoned.”
This suggests that the USPTO will set a specific deadline in an Office action, and you must comply with this deadline to avoid abandonment of your application.
For more information on non-English language, visit: non-English language.
For more information on provisional application, visit: provisional application.
MPEP 200 – Types and Status of Application; Benefit and Priority Claims (1)
A ‘bypass’ application is:
- A regular national application filed under 35 U.S.C. 111(a) and 37 CFR 1.53(b)
- It claims benefit of an international application’s filing date without entering the national stage under 35 U.S.C. 371
- It can be filed as a continuation, divisional, or continuation-in-part of the international application
MPEP 211.01(c) explains: “Rather than submitting a national stage application under 35 U.S.C. 371, applicant may file a continuation, divisional, or continuation-in-part of an international (PCT) application under 35 U.S.C. 111(a). Such applications are often referred to as ‘bypass’ applications.”
MPEP 211 – Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e) (2)
The MPEP does not specify a fixed deadline for submitting the English translation of a non-English provisional application. However, it indicates that the translation must be provided within a time period set by the USPTO. According to MPEP ¶ 2.38:
“If 1) and 2) are not filed (or if the benefit claim is not withdrawn) prior to the expiration of the time period set in this Office action, the present application will be abandoned.”
This suggests that the USPTO will set a specific deadline in an Office action, and you must comply with this deadline to avoid abandonment of your application.
For more information on non-English language, visit: non-English language.
For more information on provisional application, visit: provisional application.
A ‘bypass’ application is:
- A regular national application filed under 35 U.S.C. 111(a) and 37 CFR 1.53(b)
- It claims benefit of an international application’s filing date without entering the national stage under 35 U.S.C. 371
- It can be filed as a continuation, divisional, or continuation-in-part of the international application
MPEP 211.01(c) explains: “Rather than submitting a national stage application under 35 U.S.C. 371, applicant may file a continuation, divisional, or continuation-in-part of an international (PCT) application under 35 U.S.C. 111(a). Such applications are often referred to as ‘bypass’ applications.”
Patent Law (2)
The MPEP does not specify a fixed deadline for submitting the English translation of a non-English provisional application. However, it indicates that the translation must be provided within a time period set by the USPTO. According to MPEP ¶ 2.38:
“If 1) and 2) are not filed (or if the benefit claim is not withdrawn) prior to the expiration of the time period set in this Office action, the present application will be abandoned.”
This suggests that the USPTO will set a specific deadline in an Office action, and you must comply with this deadline to avoid abandonment of your application.
For more information on non-English language, visit: non-English language.
For more information on provisional application, visit: provisional application.
A ‘bypass’ application is:
- A regular national application filed under 35 U.S.C. 111(a) and 37 CFR 1.53(b)
- It claims benefit of an international application’s filing date without entering the national stage under 35 U.S.C. 371
- It can be filed as a continuation, divisional, or continuation-in-part of the international application
MPEP 211.01(c) explains: “Rather than submitting a national stage application under 35 U.S.C. 371, applicant may file a continuation, divisional, or continuation-in-part of an international (PCT) application under 35 U.S.C. 111(a). Such applications are often referred to as ‘bypass’ applications.”
Patent Procedure (2)
The MPEP does not specify a fixed deadline for submitting the English translation of a non-English provisional application. However, it indicates that the translation must be provided within a time period set by the USPTO. According to MPEP ¶ 2.38:
“If 1) and 2) are not filed (or if the benefit claim is not withdrawn) prior to the expiration of the time period set in this Office action, the present application will be abandoned.”
This suggests that the USPTO will set a specific deadline in an Office action, and you must comply with this deadline to avoid abandonment of your application.
For more information on non-English language, visit: non-English language.
For more information on provisional application, visit: provisional application.
A ‘bypass’ application is:
- A regular national application filed under 35 U.S.C. 111(a) and 37 CFR 1.53(b)
- It claims benefit of an international application’s filing date without entering the national stage under 35 U.S.C. 371
- It can be filed as a continuation, divisional, or continuation-in-part of the international application
MPEP 211.01(c) explains: “Rather than submitting a national stage application under 35 U.S.C. 371, applicant may file a continuation, divisional, or continuation-in-part of an international (PCT) application under 35 U.S.C. 111(a). Such applications are often referred to as ‘bypass’ applications.”