When must an applicant provide a certified translation for a foreign benefit application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
According to MPEP 2304.01(c), an applicant must provide a certified translation of a foreign benefit application when:
- The foreign benefit application or PCT application is not filed in English
- The examiner requires the applicant to file a certified translation
- The applicant wants to be accorded the benefit of the non-English language application
The MPEP states: “If no certified translation is in the official record for the application, the examiner must require the applicant to file a certified translation. The applicant should provide the required translation if applicant wants the application to be accorded benefit of the non-English language application.”
Topics:
MPEP 2300 - Interference And Derivation Proceedings
MPEP 2304.01(C) - Translation Of Foreign Benefit Application
Patent Law
Patent Procedure