When is an English translation of a “Sequence Listing XML” required?
An English translation of a “Sequence Listing XML” is required when the original submission contains language-dependent free text elements in a language other than English. This requirement is based on 37 CFR 1.52(b)(1)(ii), which states: “[The application] must: Be in the English language or be accompanied by a translation of the application and a translation…
Read MoreWhat are the translation requirements for entering the U.S. national stage?
The translation requirements for entering the U.S. national stage are as follows: 1. If the international application was not filed in English and was not published under PCT Article 21(2) in English, a translation of the application into English is required. 2. For international applications with a filing date on or after July 1, 2022:…
Read MoreWhen is an English translation required for a PCT application entering the U.S. national stage?
An English translation is required for a PCT application entering the U.S. national stage under the following conditions: The international application was filed in a language other than English The application was not published under PCT Article 21(2) in English This requirement is based on 35 U.S.C. 371(c)(2) and 37 CFR 1.495(c). As stated in…
Read MoreIs an English translation required for PCT applications entering the US national phase?
Yes, an English translation is required for PCT applications entering the US national phase if the international application was not filed in English. According to MPEP 1893.01(a)(1): “If the international application was filed in a language other than English, the applicant is required to submit a translation of the international application, as filed, into the…
Read MoreWhat additional requirements must be met to avoid abandonment after entering the national stage?
After timely meeting the requirements under 37 CFR 1.495(b), applicants must also satisfy additional requirements within a time period set by the USPTO to avoid abandonment. These requirements, as outlined in 37 CFR 1.495(c), include: English translation of the international application (if not in English) Oath or declaration Search fee Examination fee Application size fee…
Read MoreWhat is the requirement for citing documents in a language other than English in an IDS?
When citing documents in a language other than English in an Information Disclosure Statement (IDS), you must provide: The original document in the foreign language A concise explanation of the relevance in English, if not already available According to MPEP 609.04(a): If a foreign patent document or non-patent literature document is in a language other…
Read MoreAre English translations required for foreign priority documents?
English translations of non-English language foreign applications are not always required. However, 37 CFR 1.55(g)(3) specifies three situations where an English translation may be necessary: “An English language translation of a non-English language foreign application is not required except: (i) When the application is involved in an interference or derivation proceeding; (ii) When necessary to…
Read MoreIs an English translation of a foreign application always required?
No, an English translation of a non-English language foreign application is not always required. According to 37 CFR 1.55(g)(3), an English language translation is only required in specific circumstances: An English language translation of a non-English language foreign application is not required except: (i) When the application is involved in an interference (see § 41.202…
Read MoreWhat happens if the foreign application is not in English?
What happens if the foreign application is not in English? If the foreign application is not in English, the applicant must provide an English translation of the non-English language application and a statement that the translation is accurate. According to MPEP 213.02: ‘If the foreign application is not in the English language, the applicant must…
Read MoreWhat are the requirements for claiming benefit of a provisional application filed in a non-English language?
When claiming benefit of a provisional application filed in a language other than English, additional requirements must be met. The MPEP states: “If benefit is being claimed to a provisional application which was filed in a language other than English, (A) an English language translation of the provisional application, and (B) a statement that the…
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