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 | IP Lead Partner at Innovation Capital Law Group
We align ourselves with Davids fighting Goliaths. Our registered patent attorneys work as a team to equip startups and founders with solid IP rights that facilitate funding, growth and sales. Email or call us so we can get to work on your IP: (949) 223-9623 | vlin@icaplaw.com