Can the English translation and accuracy statement be filed in the non-provisional application instead of the provisional?

No, the English translation and accuracy statement for a non-English provisional application cannot be filed in the non-provisional application. They must be filed in the provisional application itself. MPEP ¶ 2.38 is explicit about this requirement:

“An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3].”

However, there is an exception to this rule. The MPEP states:

“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, 2005.”

This means that for applications filed before November 25, 2005, it was acceptable to file these documents in the non-provisional application. For all applications after this date, the translation and statement must be filed in the provisional application, with a confirmation in the non-provisional application that this has been done.

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