Translation into Spanish of design priority documents

As of last week, the Design Division of the PTO has started requesting the filing of a certified Spanish translation made by a local chartered translator of all priority documents.

Since 1963 it was understood that said translations were not needed in those cases in which, even if written in a foreign language, the name of the applicant as well as the priority date and number could be easily ascertained from the priority document. Only in those cases in which, for example, Cyrillic, Korean, Chinese or Japanese characters were used the filing of a plain English translation thereof was requested.

This sudden change of what was an accepted practice for more than 50 years was not previously informed to practitioners. The PTO has started requesting the above mentioned  Spanish translations by means of the issuance of Office Actions in all pending applications.

We have consulted with the Design Division of the PTO regarding this matter and the change in practice has been confirmed.

Therefore, all applicants must from now onwards lodge a certified Spanish translation of all priority documents filed with said Division.

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