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

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

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: Aia Practice, Certified Copy Ordering, Disclosure Individuals, Disclosure Timing, Materiality Standard