Do I need to provide a translation if I filed the translation before November 25, 2005?

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.

If you filed a translation of the non-English provisional application and a statement of accuracy in the nonprovisional application before November 25, 2005, you do not need to provide them again. The MPEP ¶ 2.38 states in the Examiner Note:

“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 exception only applies to translations filed in the nonprovisional application before the specified date. For all other cases, the translation and statement must be filed in the provisional application itself.

For more information on non-English language, visit: non-English language.

For more information on provisional application, visit: provisional application.