When are machine translations acceptable for foreign language documents in patent examination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Machine translations are generally acceptable for use in patent examination under certain conditions. According to MPEP 901.05(d):

Machine translations are acceptable if the translation is sufficient to determine the relevant features of the document as they relate to the claimed invention.

However, it’s important to note that:

  • Examiners should review the machine translation to ensure it’s adequate for understanding the document’s relevance to the claimed invention.
  • If the machine translation is unclear or insufficient, a human translation may be necessary.
  • The original foreign language document should be made of record along with the machine translation.
Tags: Foreign Language Documents, machine translations, patent examination, prior art