What happens if an international application designating the US is published in a language other than English?
What happens if an international application designating the US is published in a language other than English?
If an international application designating the United States is published under PCT Article 21(2) in a language other than English, a translation of the international application into English must be provided. The MPEP 211.01(c) states:
If the international application was published under PCT Article 21(2) in a language other than English, the publication of the international application shall be considered to be an English language translation of the application provided to the U.S. Patent and Trademark Office within the meaning of 35 U.S.C. 154(d)(4).
This means that for the purposes of provisional rights under 35 U.S.C. 154(d), the English translation provided to the USPTO will be considered as the publication of the international application.
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