How does the requirement for certified translations affect interference proceedings?
The requirement for certified translations can significantly impact interference proceedings. MPEP 2304.01(c) references specific regulations related to interference proceedings:
“See 37 CFR 41.154(b) and 41.202(e).”
These regulations stipulate that in interference proceedings, a certified translation of the foreign priority document must be provided. The MPEP further clarifies:
“Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action, 37 CFR 41.154(b) and 41.202(e).”
This means that to establish priority in an interference proceeding based on a foreign application, the applicant must provide a certified English translation before the interference is declared.
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