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