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.
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