Patent Law FAQ

The English translation of a non-English provisional application must be filed in the provisional application itself, not in the non-provisional application claiming benefit. According to MPEP ¶ 2.38:

“An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3].”

Additionally, you must confirm in your current application that the translation and statement were filed in the provisional application.

For more information on non-English language, visit: non-English language.

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

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“If 1) and 2) are not filed (or if the benefit claim is not withdrawn) prior to the expiration of the time period set in this Office action, the present application will be abandoned.”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.

If the required translation or statement is missing for a non-English provisional application, the following consequences apply:

1. The USPTO will issue a notice stating that the required documents are missing.
2. The applicant must supply the missing translation and/or statement in the provisional application.
3. The applicant must provide confirmation in the present application that the translation and statement were filed in the provisional application.
4. If these requirements are not met within the time period set by the USPTO, the present application will be abandoned.

As stated in the MPEP, If 1) and 2) are not filed (or if the benefit claim is not withdrawn) prior to the expiration of the time period set in this Office action, the present application will be abandoned. See 37 CFR 1.78.

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

For more information on missing documents, visit: missing documents.

For more information on non-English language, visit: non-English language.

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

If you fail to provide the required English translation and statement of accuracy for a non-English provisional application, your current application may be abandoned. The MPEP states:

“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. See 37 CFR 1.78.”

This means you must either provide the required documents or withdraw the benefit claim to avoid abandonment of your application.

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

For more information on non-English language, visit: non-English language.

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

To claim benefit to a non-English language provisional application, you must provide:

• An English translation of the non-English language provisional application
• A statement that the translation is accurate

These documents must be filed in the provisional application itself. As stated in MPEP ¶ 2.38: “An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[…]”

Additionally, in the present (non-provisional) application, you must confirm that the translation and statement were filed in the provisional application.

For more information on non-English language, visit: non-English language.

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

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

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

To claim benefit to a non-English language provisional application, you must:

• File an English translation of the non-English language provisional application
• Provide a statement that the translation is accurate
• File both the translation and the statement in the provisional application
• Confirm in the present application that the translation and statement were filed in the provisional application

According to MPEP ¶ 2.38, “An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3]. See 37 CFR 1.78.”

For more information on non-English language, visit: non-English language.

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

If you filed a translation of the non-English provisional application and a statement of accuracy in the nonprovisional application before November 25, 2005, you do not need to provide them again. The MPEP ¶ 2.38 states in the Examiner Note:

“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 exception only applies to translations filed in the nonprovisional application before the specified date. For all other cases, the translation and statement must be filed in the provisional application itself.

For more information on non-English language, visit: non-English language.

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

If the applicant files the certified copy of the foreign application to overcome the effective date of a reference, a translation is required if the copy is not in English.

The examiner should require the translation when requesting the certified copy. The translation must be a complete translation of the certified copy, and must be accompanied by a statement that the translation is accurate. [MPEP 216]

The English translation of a non-English provisional application must be filed in the provisional application itself, not in the non-provisional application claiming benefit. According to MPEP ¶ 2.38:

“An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3].”

Additionally, you must confirm in your current application that the translation and statement were filed in the provisional application.

For more information on non-English language, visit: non-English language.

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

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.

If the required translation or statement is missing for a non-English provisional application, the following consequences apply:

1. The USPTO will issue a notice stating that the required documents are missing.
2. The applicant must supply the missing translation and/or statement in the provisional application.
3. The applicant must provide confirmation in the present application that the translation and statement were filed in the provisional application.
4. If these requirements are not met within the time period set by the USPTO, the present application will be abandoned.

As stated in the MPEP, 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. See 37 CFR 1.78.

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

For more information on missing documents, visit: missing documents.

For more information on non-English language, visit: non-English language.

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

If you fail to provide the required English translation and statement of accuracy for a non-English provisional application, your current application may be abandoned. The MPEP states:

“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. See 37 CFR 1.78.”

This means you must either provide the required documents or withdraw the benefit claim to avoid abandonment of your application.

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

For more information on non-English language, visit: non-English language.

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

To claim benefit to a non-English language provisional application, you must provide:

• An English translation of the non-English language provisional application
• A statement that the translation is accurate

These documents must be filed in the provisional application itself. As stated in MPEP ¶ 2.38: “An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[…]”

Additionally, in the present (non-provisional) application, you must confirm that the translation and statement were filed in the provisional application.

For more information on non-English language, visit: non-English language.

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

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

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

To claim benefit to a non-English language provisional application, you must:

• File an English translation of the non-English language provisional application
• Provide a statement that the translation is accurate
• File both the translation and the statement in the provisional application
• Confirm in the present application that the translation and statement were filed in the provisional application

According to MPEP ¶ 2.38, “An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3]. See 37 CFR 1.78.”

For more information on non-English language, visit: non-English language.

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

If you filed a translation of the non-English provisional application and a statement of accuracy in the nonprovisional application before November 25, 2005, you do not need to provide them again. The MPEP ¶ 2.38 states in the Examiner Note:

“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 exception only applies to translations filed in the nonprovisional application before the specified date. For all other cases, the translation and statement must be filed in the provisional application itself.

For more information on non-English language, visit: non-English language.

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

If the applicant files the certified copy of the foreign application to overcome the effective date of a reference, a translation is required if the copy is not in English.

The examiner should require the translation when requesting the certified copy. The translation must be a complete translation of the certified copy, and must be accompanied by a statement that the translation is accurate. [MPEP 216]

The English translation of a non-English provisional application must be filed in the provisional application itself, not in the non-provisional application claiming benefit. According to MPEP ¶ 2.38:

“An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3].”

Additionally, you must confirm in your current application that the translation and statement were filed in the provisional application.

For more information on non-English language, visit: non-English language.

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

If the applicant files the certified copy of the foreign application to overcome the effective date of a reference, a translation is required if the copy is not in English.

The examiner should require the translation when requesting the certified copy. The translation must be a complete translation of the certified copy, and must be accompanied by a statement that the translation is accurate. [MPEP 216]

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.

If the required translation or statement is missing for a non-English provisional application, the following consequences apply:

1. The USPTO will issue a notice stating that the required documents are missing.
2. The applicant must supply the missing translation and/or statement in the provisional application.
3. The applicant must provide confirmation in the present application that the translation and statement were filed in the provisional application.
4. If these requirements are not met within the time period set by the USPTO, the present application will be abandoned.

As stated in the MPEP, 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. See 37 CFR 1.78.

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

For more information on missing documents, visit: missing documents.

For more information on non-English language, visit: non-English language.

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

If you fail to provide the required English translation and statement of accuracy for a non-English provisional application, your current application may be abandoned. The MPEP states:

“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. See 37 CFR 1.78.”

This means you must either provide the required documents or withdraw the benefit claim to avoid abandonment of your application.

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

For more information on non-English language, visit: non-English language.

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

To claim benefit to a non-English language provisional application, you must provide:

• An English translation of the non-English language provisional application
• A statement that the translation is accurate

These documents must be filed in the provisional application itself. As stated in MPEP ¶ 2.38: “An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[…]”

Additionally, in the present (non-provisional) application, you must confirm that the translation and statement were filed in the provisional application.

For more information on non-English language, visit: non-English language.

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

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

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

To claim benefit to a non-English language provisional application, you must:

• File an English translation of the non-English language provisional application
• Provide a statement that the translation is accurate
• File both the translation and the statement in the provisional application
• Confirm in the present application that the translation and statement were filed in the provisional application

According to MPEP ¶ 2.38, “An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3]. See 37 CFR 1.78.”

For more information on non-English language, visit: non-English language.

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

If you filed a translation of the non-English provisional application and a statement of accuracy in the nonprovisional application before November 25, 2005, you do not need to provide them again. The MPEP ¶ 2.38 states in the Examiner Note:

“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 exception only applies to translations filed in the nonprovisional application before the specified date. For all other cases, the translation and statement must be filed in the provisional application itself.

For more information on non-English language, visit: non-English language.

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

The English translation of a non-English provisional application must be filed in the provisional application itself, not in the non-provisional application claiming benefit. According to MPEP ¶ 2.38:

“An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3].”

Additionally, you must confirm in your current application that the translation and statement were filed in the provisional application.

For more information on non-English language, visit: non-English language.

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

If the applicant files the certified copy of the foreign application to overcome the effective date of a reference, a translation is required if the copy is not in English.

The examiner should require the translation when requesting the certified copy. The translation must be a complete translation of the certified copy, and must be accompanied by a statement that the translation is accurate. [MPEP 216]

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.

If the required translation or statement is missing for a non-English provisional application, the following consequences apply:

1. The USPTO will issue a notice stating that the required documents are missing.
2. The applicant must supply the missing translation and/or statement in the provisional application.
3. The applicant must provide confirmation in the present application that the translation and statement were filed in the provisional application.
4. If these requirements are not met within the time period set by the USPTO, the present application will be abandoned.

As stated in the MPEP, 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. See 37 CFR 1.78.

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

For more information on missing documents, visit: missing documents.

For more information on non-English language, visit: non-English language.

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

If you fail to provide the required English translation and statement of accuracy for a non-English provisional application, your current application may be abandoned. The MPEP states:

“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. See 37 CFR 1.78.”

This means you must either provide the required documents or withdraw the benefit claim to avoid abandonment of your application.

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

For more information on non-English language, visit: non-English language.

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

To claim benefit to a non-English language provisional application, you must provide:

• An English translation of the non-English language provisional application
• A statement that the translation is accurate

These documents must be filed in the provisional application itself. As stated in MPEP ¶ 2.38: “An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[…]”

Additionally, in the present (non-provisional) application, you must confirm that the translation and statement were filed in the provisional application.

For more information on non-English language, visit: non-English language.

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

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

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

To claim benefit to a non-English language provisional application, you must:

• File an English translation of the non-English language provisional application
• Provide a statement that the translation is accurate
• File both the translation and the statement in the provisional application
• Confirm in the present application that the translation and statement were filed in the provisional application

According to MPEP ¶ 2.38, “An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3]. See 37 CFR 1.78.”

For more information on non-English language, visit: non-English language.

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

If you filed a translation of the non-English provisional application and a statement of accuracy in the nonprovisional application before November 25, 2005, you do not need to provide them again. The MPEP ¶ 2.38 states in the Examiner Note:

“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 exception only applies to translations filed in the nonprovisional application before the specified date. For all other cases, the translation and statement must be filed in the provisional application itself.

For more information on non-English language, visit: non-English language.

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