What is required for a non-English provisional application to be used as a priority document?

When claiming the benefit of a provisional application filed in a language other than English, additional requirements must be met. The MPEP states:

“If benefit is being claimed to a provisional application which was filed in a language other than English, (A) an English language translation of the provisional application, and (B) a statement that the translation is accurate, are required to be filed in the provisional application.”

If these documents were not filed in the provisional application, the applicant will be notified and given a period to:

1. File the translation and statement in the provisional application
2. Submit a confirmation in the nonprovisional application that the translation and statement were filed in the provisional application

Failure to respond to this notice in a pending nonprovisional application will result in abandonment. For more details, see MPEP § 211.01(a).

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

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

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