How do USPTO examiners handle non-English foreign patent documents?
USPTO examiners follow specific procedures when dealing with non-English foreign patent documents:
- They may rely on abstracts or machine translations for initial screening
- If a document appears relevant, they can request a human translation
- English language abstracts or translations are considered along with the original document
The MPEP states: “The examiner should cite the translation or the abstract unless an English language version of the document is available.” (Source: MPEP 901.05)
This approach ensures that examiners can effectively consider foreign prior art regardless of language barriers, maintaining a thorough and fair examination process.
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