What happens if the required translation and statement are not filed for a non-English provisional application?

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 required translation and statement are not filed for a non-English provisional application, serious consequences can occur. According to MPEP ¶ 2.38:

“If 1) and 2) are not filed (or if the benefit claim is not withdrawn) prior to the expiration of the time period set in this Office action, the present application will be abandoned.”

This means that if you fail to provide the English translation and accuracy statement in the provisional application, and fail to confirm their filing in the present application, your current application may be abandoned. It’s crucial to comply with these requirements within the specified time frame to maintain your application’s active status.

For more information on application abandonment, visit: application abandonment.

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

For more information on provisional application, visit: provisional application.

For more information on translation requirements, visit: translation requirements.