USPTO to Require Translation of Foreign-Language Provisional Applications

Effective November 25, 2005, the United States Patent and Trademark Office is amending the rules of practice (70 FR 56119) on September 26, 2005) to require that

1. a copy of the English translation of a foreign-language provisional application be filed in the provisional application if a nonprovisional application claims the benefit of the provisional application; and
2. a copy of documentary evidence supporting a claim of ownership must be recorded in the Office’s assignment records when an assignee takes action in a patent matter; and
3. separate copies of a document be submitted to the Office for recording in the Office’s assignment records, each accompanied by a cover sheet, if the document to be recorded includes an interest in, or a transaction involving, both patents and trademarks.

The changes apply to any paper, application or reexamination proceeding filed in the Office on or after November 25, 2005. For applications claiming priority to a non-English provisional application, a translation of the provisional application and a statement that the translation was accurate required by 37 CFR 1.78(a)(5)(iv) will not be required to be filed in the provisional application, if the translation and statement were filed in the nonprovisional application before November 25, 2005.