What happens if an English translation is not provided with a non-English assignment document?
If an English translation is not provided with a non-English assignment document, the USPTO will not record the assignment. According to MPEP 302.02: The assignment document, if not in the English language, will not be recorded unless accompanied by an English translation signed by the translator. This means that the assignment will be rejected, and…
Read MoreWhat is required for a non-English provisional application to be used as a priority document?
When claiming the 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…
Read MoreWhat happens if the required translation and statement are not filed for a non-English provisional application?
If the required translation and statement are not filed for a non-English provisional application, serious consequences can occur. According to MPEP ¶ 2.38: “If 1) and 2) are not filed (or if the benefit claim is not withdrawn) prior to the expiration of the time period set in this Office action, the present application will…
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 MoreIs there an exception to filing translations for non-English provisional applications filed before a certain date?
Yes, there is an exception for certain applications filed before November 25, 2005. According to the Examiner Note in MPEP ¶ 2.38: “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,…
Read MoreWhen is an English translation required for a non-English oath or declaration?
An English translation is required for non-English oaths or declarations in most cases. According to MPEP 602.06: “Unless the text of any oath or declaration in a language other than English is in a form provided by the Patent and Trademark Office or in accordance with PCT Rule 4.17(iv), it must be accompanied by an…
Read MoreAre there any exceptions to the USPTO’s English translation requirement for assignments?
Based on the information provided in MPEP 302.02, there are no exceptions to the USPTO’s English translation requirement for assignments. The MPEP states unequivocally: The Office will accept and record non-English language documents only if accompanied by an English translation signed by the individual making the translation. This requirement applies to all non-English assignment documents…
Read MoreCan foreign language assignment documents be recorded at the USPTO?
Can foreign language assignment documents be recorded at the USPTO? Yes, foreign language assignment documents can be recorded at the USPTO, but they must be accompanied by an English translation. The MPEP 302 states: “Unless an assignment is in a language other than English, the Office may rely on the assignment document (or a copy…
Read MoreHow does the USPTO determine if an applicant is entitled to the benefit of the foreign filing date?
The examiner generally does not examine the certified copy of the foreign priority application except to see that it contains no obvious formal defects and corresponds to the U.S. application. The examiner will consider the merits of the priority claim if: An intervening reference is found with an effective date between the foreign filing date…
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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