Can I file a provisional application in a language other than English?

Can I file a provisional application in a language other than English?

Yes, you can file a provisional application in a language other than English. However, there are important considerations:

  • The USPTO accepts provisional applications in any language.
  • An English translation is not required at the time of filing.
  • If a nonprovisional application is later filed claiming benefit of the provisional, an English translation may be required.

The MPEP 201.04 states: “If a 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.” However, it’s important to note that if you later file a nonprovisional application claiming benefit of the provisional, you may need to provide an English translation at that time, along with a statement that the translation is accurate.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: patent filing, provisional application