When is an English translation required for a PCT application entering the U.S. national stage?
An English translation is required for a PCT application entering the U.S. national stage under the following conditions:
- The international application was filed in a language other than English
- The application was not published under PCT Article 21(2) in English
This requirement is based on 35 U.S.C. 371(c)(2) and 37 CFR 1.495(c). As stated in the MPEP:
“Applicants entering the national stage in the U.S. are required to file an English translation of the international application if the international application was filed in another language and was not published under PCT Article 21(2) in English.”
Additionally, for applications with an international filing date on or after July 1, 2022, an English translation is required for any Sequence Listing XML containing non-English language values for language-dependent free text qualifiers.
To learn more: