What should be done if a machine translation of a foreign document is not of sufficient quality for patent examination?
If a machine translation of a foreign document is not of sufficient quality for patent examination, additional steps should be taken. According to MPEP 901.05(d):
“If the machine translation is not of sufficient quality, the examiner should obtain a human translation.”
This implies that:
- Examiners should assess the quality of machine translations critically.
- If the machine translation is unclear or potentially inaccurate, a human translation should be sought.
- The USPTO may need to arrange for a human translation if the machine translation is inadequate.
- Applicants may also provide their own certified translations if they believe the machine translation is insufficient.
The goal is to ensure that the examination is based on an accurate understanding of the foreign language document’s content, which is crucial for a fair and thorough patent examination process.
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