What are the requirements for claiming benefit of a provisional application filed in a non-English language?
When claiming benefit of a provisional application filed in a language other than English, additional requirements must be met. The MPEP states:
“If benefit is being claimed to a provisional application which was filed in a language other than English, (A) an English language translation of the provisional application, and (B) a statement that the translation is accurate, are required to be filed in the provisional application.”
If these documents were not filed in the provisional application, the applicant will be notified in the nonprovisional application and given a period to file them. Failure to timely respond may result in abandonment of the nonprovisional application.
Alternatively, the applicant may choose to delete the benefit claim to the provisional application from the Application Data Sheet (ADS) or, for applications filed before September 16, 2012, from the ADS or the first sentence(s) of the specification.
To learn more: