When does the examiner require a translation of a non-English language foreign priority application?

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.

If the applicant files the certified copy of the foreign application to overcome the effective date of a reference, a translation is required if the copy is not in English.

The examiner should require the translation when requesting the certified copy. The translation must be a complete translation of the certified copy, and must be accompanied by a statement that the translation 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