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

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, 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.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case