Can a provisional application be filed without an English translation?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a provisional application can be filed in a language other than English. However, an English translation must be submitted within a specified timeframe. According to MPEP 601.01(b):

‘If the provisional application is 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.’

It’s important to note that while the translation is not required for the provisional application itself, it will be necessary if you later file a nonprovisional application claiming benefit of the provisional application. The English translation and a statement that the translation is accurate must be submitted in the nonprovisional application.

Topics: Patent Law Patent Procedure
Tags: English Translation, Foreign Language, nonprovisional application, provisional application