How should patent applicants handle foreign language documents?

How should patent applicants handle foreign language documents?

When dealing with foreign language documents during patent prosecution, applicants should follow these guidelines:

  • Obtain translations: Secure at least machine translations for foreign language documents.
  • Review translations: Have someone review the machine translations for accuracy.
  • Consider relevance: Determine if the foreign language document is material to patentability.
  • Submit both versions: If submitting to the USPTO, provide both the original document and its translation.

The MPEP advises: “If a translation of a foreign language document is submitted, applicant should also submit a copy of the foreign language document.” (MPEP 2004)

This approach ensures that all relevant information is properly disclosed and considered during the patent examination process.

To learn more:

Topics: MPEP 2000 - Duty Of Disclosure, MPEP 2004 - Aids To Compliance With Duty Of Disclosure, Patent Law, Patent Procedure
Tags: Foreign Language Documents, Information Disclosure, Translations