What are the requirements for claiming benefit to a non-English language provisional application?

To claim benefit to a non-English language provisional application, you must provide:

  • An English translation of the non-English language provisional application
  • A statement that the translation is accurate

These documents must be filed in the provisional application itself. As stated in MPEP ¶ 2.38: “An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[…]”

Additionally, in the present (non-provisional) application, you must confirm that the translation and statement were filed in the provisional application.

For more information on non-English language, visit: non-English language.

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

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: non-English language, patent filing, provisional application, translation requirements