How are non-English documents handled in supplemental examination?

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.

Non-English documents can be submitted for supplemental examination, but they must be accompanied by an English language translation. The MPEP 2809 provides specific guidance on this matter:

“If an item of information is not in the English language, both the item and a translation of the item must be submitted. The translation may be a machine translation.”

Key points to remember when submitting non-English documents:

• Both the original document and its English translation must be submitted
• Machine translations are acceptable
• The translation should accurately represent the content of the original document
• If only a portion of the non-English document is relevant, a translation of that portion is sufficient

Proper translation ensures that the USPTO can fully consider the information presented in the supplemental examination request.