Where should I file the English translation of a non-English provisional application?

The English translation of a non-English provisional application must be filed in the provisional application itself, not in the non-provisional application claiming benefit. According to MPEP ¶ 2.38:

“An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3].”

Additionally, you must confirm in your current application that the translation and statement were filed in the provisional application.

For more information on non-English language, visit: non-English language.

For more information on provisional application, visit: provisional application.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 211 - Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e), Patent Law, Patent Procedure
Tags: non-English language, provisional application