How do I claim benefit to a non-English language provisional application?

To claim benefit to a non-English language provisional application, you must:

  • File an English translation of the non-English language provisional application
  • Provide a statement that the translation is accurate
  • File both the translation and the statement in the provisional application
  • Confirm in the present application that the translation and statement were filed in the provisional application

According to MPEP ¶ 2.38, “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]. See 37 CFR 1.78.”

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

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

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 211 - Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e), Patent Law, Patent Procedure
Tags: non-English language, provisional application