Can examiners rely on machine translations of foreign language documents in patent examinations?

Yes, patent examiners can rely on machine translations of foreign language documents, but with certain conditions. According to MPEP 901.05(d):

“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.”

However, it’s important to note that:

• The machine translation should be identified as such.
• If the quality of the machine translation is insufficient, a human translation may be necessary.
• The original foreign language document should be made of record along with the translation.

Examiners are encouraged to review machine translations carefully and seek human translations if there are doubts about the accuracy or clarity of the machine translation.

To learn more:

• machine translations
• foreign language documents
• patent examination
• examiners