What are the requirements for submitting a translated “Sequence Listing XML”?
When submitting a translated “Sequence Listing XML”, the following requirements apply: The translation must comply with 37 CFR 1.831 through 1.834. The translated “Sequence Listing XML” should contain English versions of any previously non-English language-dependent free text elements. Updated values for attributes in the root element (37 CFR 1.833(b)(2)(iii)) or elements of the general information…
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 MoreWhat are the requirements for translating a sequence listing in a PCT application?
The requirements for translating a sequence listing in a PCT application depend on the international filing date: For applications filed on or after July 1, 2022: An English translation is required for any Sequence Listing XML containing non-English language values for language-dependent free text qualifiers, in accordance with 37 CFR 1.831 through 1.834. For applications…
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 MoreWhat 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…
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