What happens if the required translation or statement is missing 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 or statement is missing for a non-English provisional application, the following consequences apply:

1. The USPTO will issue a notice stating that the required documents are missing.
2. The applicant must supply the missing translation and/or statement in the provisional application.
3. The applicant must provide confirmation in the present application that the translation and statement were filed in the provisional application.
4. If these requirements are not met within the time period set by the USPTO, the present application will be abandoned.

As stated in the MPEP, If 1) and 2) are not filed (or if the benefit claim is not withdrawn) prior to the expiration of the time period set in this Office action, the present application will be abandoned. See 37 CFR 1.78.

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

For more information on missing documents, visit: missing documents.

For more information on non-English language, visit: non-English language.

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