What are the consequences of not providing a certified translation for a foreign benefit application?

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.

Failing to provide a certified translation for a foreign benefit application can have significant consequences. According to MPEP 2304.01(c):

“Any showing of priority that relies on a non-English language application is prima facie insufficient if no certified translation of the application is on file.”

This means that without a certified translation, the applicant may not be able to claim the benefit of the foreign application’s priority date. Additionally, the MPEP provides a form paragraph (23.19) that examiners may use to notify applicants of potential consequences:

“Failure to provide a certified translation may result in no benefit being accorded for the non-English application.”

In essence, the lack of a certified translation can result in the loss of priority benefit, which could impact the patentability of the invention.