How should patent applicants handle foreign language documents?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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 dealing with foreign language documents during patent prosecution, applicants should follow these guidelines:
- Obtain translations: Secure at least machine translations for foreign language documents.
- Review translations: Have someone review the machine translations for accuracy.
- Consider relevance: Determine if the foreign language document is material to patentability.
- Submit both versions: If submitting to the USPTO, provide both the original document and its translation.
The MPEP advises: “If a translation of a foreign language document is submitted, applicant should also submit a copy of the foreign language document.” (MPEP 2004)
This approach ensures that all relevant information is properly disclosed and considered during the patent examination process.
Topics:
MPEP 2000 - Duty Of Disclosure
MPEP 2004 - Aids To Compliance With Duty Of Disclosure
Patent Law
Patent Procedure