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
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