What happens if the required translation or statement is missing for a non-English provisional application?
If the required translation or statement is missing for a non-English provisional application, the following consequences apply: The USPTO will issue a notice stating that the required documents are missing. The applicant must supply the missing translation and/or statement in the provisional application. The applicant must provide confirmation in the present application that the translation…
Read MoreHow do I claim benefit to a non-English language provisional application?
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…
Read MoreWhat happens if I don’t provide the required translation for a non-English 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 The MPEP states: “If 1) and 2) are not filed (or if the benefit claim is not withdrawn) prior to the expiration of the time period set in this Office action,…
Read MoreWhere should I file the English translation of a non-English 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…
Read MoreWhat is the deadline for submitting the English translation of a non-English 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 According to MPEP ¶ 2.38: “If 1) and 2) are not filed (or if the benefit claim is not withdrawn)…
Read MoreDo I need to provide a translation if I filed the translation before November 25, 2005?
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…
Read MoreWhat are the requirements for claiming benefit to a non-English language 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…
Read MoreWhen does the examiner require a translation of a non-English language foreign priority 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…
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