Comments on: Q) 102(a): Need to file foreign language translation http://mypatentbar.com/2008/08/19/q-102a-need-to-file-foreign-language-translation/ Patent Bar Review and Study Guide Tue, 22 May 2012 00:33:43 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: TheGhostOfBilski http://mypatentbar.com/2008/08/19/q-102a-need-to-file-foreign-language-translation/#comment-37995 TheGhostOfBilski Wed, 11 Apr 2012 03:38:12 +0000 http://patentbar.wordpress.com/?p=636#comment-37995 ditto 4/6/2012 ditto 4/6/2012

]]> By: Sol http://mypatentbar.com/2008/08/19/q-102a-need-to-file-foreign-language-translation/#comment-37753 Sol Sun, 08 Apr 2012 00:21:21 +0000 http://patentbar.wordpress.com/?p=636#comment-37753 "1. When claiming a provisional app. NOT in English, English translation is required." The translation is required in the provisional not in the nonpro claiming benefit to the pro “1. When claiming a provisional app. NOT in English, English translation is required.”

The translation is required in the provisional not in the nonpro claiming benefit to the pro

]]> By: maggie http://mypatentbar.com/2008/08/19/q-102a-need-to-file-foreign-language-translation/#comment-22368 maggie Wed, 16 Nov 2011 04:49:58 +0000 http://patentbar.wordpress.com/?p=636#comment-22368 No translation is needed unless asked for: 1. Interference 2. IDS -normally only A concise explanation of the relevance if in non-english 3. When necessary to overcome the date of a reference relied upon by the examiner 4. Specifically requested by examiner No translation is needed unless asked for:
1. Interference
2. IDS -normally only A concise explanation of the relevance if in non-english
3. When necessary to overcome the date of a reference relied upon by the examiner
4. Specifically requested by examiner

]]> By: maggie http://mypatentbar.com/2008/08/19/q-102a-need-to-file-foreign-language-translation/#comment-22343 maggie Tue, 15 Nov 2011 22:57:01 +0000 http://patentbar.wordpress.com/?p=636#comment-22343 You don't have to supply translation when filing an IDS. You don’t have to supply translation when filing an IDS.

]]> By: Ricky http://mypatentbar.com/2008/08/19/q-102a-need-to-file-foreign-language-translation/#comment-20231 Ricky Wed, 02 Nov 2011 18:29:29 +0000 http://patentbar.wordpress.com/?p=636#comment-20231 Here is my summary about English translation when claiming earlier priority: 1. When claiming a provisional app. NOT in English, English translation is required. 2. When claiming foreign priorty, it is not, as S said. The rule above doesn't make much sense to me, but it is what it is. Sarah, what is exactly your question? I am not 100% sure about English translation requirement in IDS, quote from MPEP 600-141,-- "(ii)A copy of the translation if a written English-language translation of a non-English-language document, or portion thereof, is within the possession, custody, or control of, or is readily available to any individual designated in § 1.56(c)." "readily availabe" makes me scratch my head. Here is my summary about English translation when claiming earlier priority:

1. When claiming a provisional app. NOT in English, English translation is required.

2. When claiming foreign priorty, it is not, as S said.

The rule above doesn’t make much sense to me, but it is what it is.

Sarah, what is exactly your question? I am not 100% sure about English translation requirement in IDS, quote from MPEP 600-141,– “(ii)A copy of the translation if a written English-language translation of a non-English-language document, or portion thereof, is within the possession, custody, or control of, or is readily available to any individual designated in § 1.56(c).”

“readily availabe” makes me scratch my head.

]]> By: Sarah http://mypatentbar.com/2008/08/19/q-102a-need-to-file-foreign-language-translation/#comment-10994 Sarah Wed, 18 May 2011 20:27:25 +0000 http://patentbar.wordpress.com/?p=636#comment-10994 Got this question today 5/18/11. You do NOT need to file a translation with your IDS unless asked. Got this question today 5/18/11.

You do NOT need to file a translation with your IDS unless asked.

]]> By: S http://mypatentbar.com/2008/08/19/q-102a-need-to-file-foreign-language-translation/#comment-2360 S Tue, 18 May 2010 17:56:36 +0000 http://patentbar.wordpress.com/?p=636#comment-2360 English translation might not necessary for claiming a foreign priority (different from IDS; 1.98): 37 CFR 1.55(a)(4) (i): An English language translation of a non English language foreign application is not required except: A) When the application is involved in an interference B) When necessary to overcome the date of a reference relied upon by the examiner, or C) When specifically required by the examiner. ii) If an English language translation is required, it must be filed together with a statement that the translation of the certified copy is accurate. English translation might not necessary for claiming a foreign priority (different from IDS; 1.98):

37 CFR 1.55(a)(4) (i): An English language translation of a non English language foreign application is not required except:

A) When the application is involved in an interference
B) When necessary to overcome the date of a reference relied upon by the examiner,
or

C) When specifically required by the examiner.
ii) If an English language translation is required, it must be filed together with a statement that the translation of the certified copy is accurate.

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