How can I claim priority to a foreign application filed in a non-English language?
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.
When claiming priority to a foreign application filed in a non-English language, you must provide an English translation of the foreign application. The MPEP 213.02 states:
If the foreign application is not in the English language, an English translation of the foreign application is also required. See 37 CFR 1.55(g)(3).
Additionally, you must submit:
- A statement that the translation is accurate
- The certified copy of the foreign application
These documents should be filed within the prescribed time period to properly establish the priority claim.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority
Patent Law
Patent Procedure