When must an applicant provide a certified translation for a foreign benefit application?
According to MPEP 2304.01(c), an applicant must provide a certified translation of a foreign benefit application when: The foreign benefit application or PCT application is not filed in English The examiner requires the applicant to file a certified translation The applicant wants to be accorded the benefit of the non-English language application The MPEP states:…
Read MoreWhat 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…
Read MoreWhat are the consequences of not providing a certified translation for a foreign benefit application?
Failing to provide a certified translation for a foreign benefit application can have significant consequences. According to MPEP 2304.01(c): “Any showing of priority that relies on a non-English language application is prima facie insufficient if no certified translation of the application is on file.” This means that without a certified translation, the applicant may not…
Read MoreHow does the requirement for certified translations affect interference proceedings?
The requirement for certified translations can significantly impact interference proceedings. MPEP 2304.01(c) references specific regulations related to interference proceedings: “See 37 CFR 41.154(b) and 41.202(e).” These regulations stipulate that in interference proceedings, a certified translation of the foreign priority document must be provided. The MPEP further clarifies: “Should applicant desire to obtain the benefit of…
Read MoreWhat is required for foreign benefit applications in patent proceedings?
For foreign benefit applications or Patent Cooperation Treaty (PCT) applications not filed in English, a certified translation is required. This requirement is specified in MPEP 2304.01(c), which states: “A certified translation of every foreign benefit application or Patent Cooperation Treaty (PCT) application not filed in English is required. See 35 U.S.C. 119(b)(3) and 372(b)(3) and…
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