Is there a deadline for filing the English translation and accuracy statement for a non-English provisional application?

Yes, there is a deadline for filing the English translation and accuracy statement for a non-English provisional application. While MPEP ¶ 2.38 doesn’t specify an exact timeframe, it indicates that the USPTO will set a time period in an Office action:

“If 1) and 2) are not filed (or if the benefit claim is not withdrawn) prior to the expiration of the time period set in this Office action, the present application will be abandoned.”

This means that when the USPTO notices that the required documents are missing, they will issue an Office action with a specific deadline. It’s crucial to comply with this deadline to avoid abandonment of your application. As a best practice, it’s advisable to file these documents as soon as possible after filing the non-English provisional application to avoid any potential issues.

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