Can patent examiners rely on machine translations for non-English prior art?
Yes, patent examiners can rely on machine translations for non-English prior art, but with some caveats. The MPEP 901.05(d) 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.”
Key points to note:
- Machine translations are generally acceptable for understanding the content of non-English documents.
- If the examiner doubts the accuracy of the machine translation, they should seek a human translation from STIC.
- The quality of the translation is crucial, especially for documents highly relevant to patentability determinations.
Examiners must use their judgment to determine if a machine translation is sufficient or if a more accurate human translation is necessary.
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