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

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

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: Chain Of Copendency, Filing Before Abandonment, Ida Mandatory Elements, Priority Benefit, sir waiver