What happens if the foreign application is not in English?

What happens if the foreign application is not in English?

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.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: English Translation, foreign application, Priority Claim