How should examiners cite foreign language documents and their translations in office actions?

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.

When citing foreign language documents and their translations in office actions, examiners should follow the guidance provided in MPEP 901.05(d):

“When citing a foreign language document as a reference in an Office action, the examiner should list the foreign language document on the form PTO-892, “Notice of References Cited” in the normal manner, and should provide the translation immediately following the foreign language document’s listing on the form.“

Key points for examiners to remember:

• Cite the original foreign language document on the PTO-892 form.
• List the translation immediately after the foreign document on the PTO-892.
• In the office action, refer to both the foreign document and its translation.
• If using a machine translation, indicate this fact in the citation.
• Ensure that copies of both the foreign document and the translation are made of record in the application file.