Can a provisional patent application be filed in a non-English language?

Provisional patent applications with non-English specifications can be filed with the USPTO. In order for a nonprovisional application to claim priority to a non-English provisional, an English translation of the provisional needs to be timely filed along with a statement that the translation is accurate.

What may happen if an English translation is not timely submitted?

Failure to file the English translation and accompanying statement in a timely manner may result in the abandonment of the non-provisional application unless an application data sheet (ADS) is filed removing the priority claim to the non-English provisional.

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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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