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:…

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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…

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What 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…

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How 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…

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What 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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