Where should the English translation and accuracy statement be filed for a non-English provisional application?

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.

For a non-English provisional application, the English translation and accuracy statement must be filed in the provisional application itself, not in the non-provisional application claiming its benefit. MPEP ¶ 2.38 clearly states:

“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.[…]”

Additionally, in the non-provisional application claiming benefit, you must provide confirmation that these documents were filed in the provisional application. This two-step process ensures proper documentation and compliance with 37 CFR 1.78.

For more information on patent procedure, visit: patent procedure.

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