When filing a conventional direct priority U.S. nonprovisional patent application claiming priority to a foreign application filed within 12 months (Paris Convention, not PCT), an English translation of the foreign priority document is not required.

37 CFR 1.55(g)(3) states:

  • (3) An English language translation of a non-English language foreign application is not required except:
    • (i) When the application is involved in an interference (see § 41.202 of this title) or derivation (see part 42 of this title) proceeding;
    • (ii) When necessary to overcome the date of a reference relied upon by the examiner; or
    • (iii) When specifically required by the examiner.

If an English translation of a non-English language foreign application is required, then it must be a certified translation filed together with a statement that the translation of the certified copy is accurate [37 CFR 1.55(g)(4)].

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Vic Lin

Startup Patent Attorney, Cofounder at Innovation Capital Law Group
We align ourselves with Davids fighting Goliaths. Our registered patent attorneys help innovators get IP that drives funding, growth and sales. Email or call us so we can get to work on your IP: (949) 223-9623 | vlin@icaplaw.com

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