Can a nonprovisional application claim benefit from a provisional application filed without an English translation?
Can a nonprovisional application claim benefit from a provisional application filed without an English translation?
Yes, a nonprovisional application can claim the benefit of a provisional application filed without an English translation, but there are specific requirements. According to MPEP 601.01(a):
If the provisional application was filed in a language other than English, an English-language translation of the non-English language provisional application will not be required in the provisional application. The English language translation of the provisional application must be filed in the nonprovisional application.
This means that while the provisional application can be filed in a non-English language, the English translation must be submitted with the nonprovisional application that claims benefit from it. It’s crucial to ensure that the translation is accurate and complete to maintain the benefit claim.
For more details, see MPEP 601.01(a) and MPEP 211 on claiming benefit of earlier filing date.
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