What is required when submitting a certified copy of a foreign application for priority purposes?

When submitting a certified copy of a foreign application for priority purposes, the following requirements apply:

  • If the certified copy is not in English, a translation is required
  • The translation must be of the certified copy of the foreign application as filed
  • The translation must be filed together with a statement that the translation of the certified copy is accurate

The MPEP states: “When the examiner requires the filing of the certified copy, the translation should also be required at the same time. If an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) and it must be filed together with a statement that the translation of the certified copy is accurate.” (MPEP 216)

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 216 - Entitlement to Priority, Patent Law, Patent Procedure
Tags: certified copy, foreign priority, translation requirements