What are the requirements for translations of non-English language prior art in patent applications?
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.
According to MPEP 901.05(d), translations of non-English language prior art must meet specific requirements:
- The translation must be a complete translation of the entire document, including the abstract, text, and all figures.
- If the translation is a machine translation, it should be identified as such.
- The translation should be accurate and reliable.
- The original foreign language document should be made of record along with the translation.
The MPEP states: “Examiners may rely on a machine translation of a foreign language document unless the machine translation is not of sufficient quality to be adequate evidence of the contents of the document.”