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

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.

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: Chain Of Copendency, Filing Before Abandonment, Ida Mandatory Elements, Priority Benefit, sir waiver