What happens if the foreign application is not in English?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. If the foreign application is not in English, the applicant must provide an English translation of the non-English language application and a statement that the translation is accurate. According to MPEP 213.02 : ‘If the foreign application is not in the English language, the applicant must provide an English translation of the non-English language application and a statement that the translation is accurate.’ This requirement ensures that the USPTO can properly examine the application and determine its priority date. The translation and statement must be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Translation of Foreign Application Must Be Accurate MPEP 213 Required Certified Copy of Foreign Application Must Be Filed Within Time Limits MPEP 213 Required Request Must Be Filed Within Four Months MPEP 213 Required Certified Copy of Foreign Application Must Be Filed Within Four Months of National Stage Commencement or Sixteen Months from Prior Filing Date MPEP 213 Required Priority Claim Must Be Filed Within PCT Time Limits During National Stage Entry MPEP 213 Required Priority Claim Must Be Filed Within Time Limit MPEP 213 Required Priority Claim Must Be Made According to Hague Agreement MPEP 213 Permitted Time Period for Priority Claim Not Extendable MPEP 213 Required Priority Claim and Foreign Application Certified Copy Must Be Filed During Pendency MPEP 213 Required Priority Claim for Foreign Application Not Required for Restoration Petition MPEP 213 Other Related FAQs 5 FAQs Collapse What is an interi...