Is there an exception to filing translations for non-English provisional applications filed before a certain date?

Yes, there is an exception for certain applications filed before November 25, 2005. According to the Examiner Note in MPEP ¶ 2.38:

“Do not use this form paragraph if a translation of the provisional application and a statement that the translation was accurate were filed in the nonprovisional application (the present application) before November 25, 2005.”

This means that for non-provisional applications filed before November 25, 2005, it was acceptable to file the English translation and accuracy statement in the non-provisional application itself, rather than in the provisional application. For applications filed after this date, the current rules requiring filing in the provisional application apply.

For more information on patent procedure, visit: patent procedure.

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

For more information on translation requirements, visit: translation requirements.

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: patent procedure, provisional application, translation requirements