Can machine translations be used for foreign language prior art documents?

Yes, examiners can use machine translations of foreign language documents in prior art rejections, but with certain considerations. The MPEP provides the following guidance: “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.“…

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How should patent applicants handle foreign language documents?

How should patent applicants handle foreign language documents? 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.…

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How are foreign language documents handled in patent reexamination?

How are foreign language documents handled in patent reexamination? Foreign language documents require special handling in patent reexamination proceedings. According to MPEP 2253: “If a document in a foreign language is relied on, a translation of at least the relevant portion thereof must be submitted.“ This requirement ensures that the examiner can fully understand and…

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What translation services does STIC provide for foreign language documents?

STIC offers comprehensive translation services for foreign language documents through its Translations Service Center. These services include: Oral translations for major European languages and Japanese Written translations from virtually all foreign languages into English Full translations upon request Maintenance of a database of previously completed document translations According to MPEP 901.06(a): “Examiners may consult the…

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What is the purpose of MPEP 901.05(d) – Translation?

MPEP 901.05(d) – Translation provides guidance on handling foreign language prior art documents in patent examination. Its main purposes are: To ensure examiners can access and understand relevant prior art in foreign languages To outline procedures for obtaining translations of foreign documents To clarify when machine translations are acceptable for use in patent examination As…

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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…

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When are machine translations acceptable for foreign language documents in patent examination?

Machine translations are generally acceptable for use in patent examination under certain conditions. According to MPEP 901.05(d): “Machine translations are acceptable if the translation is sufficient to determine the relevant features of the document as they relate to the claimed invention.“ However, it’s important to note that: Examiners should review the machine translation to ensure…

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What should examiners do if a machine translation is unclear or insufficient?

If an examiner finds that a machine translation is unclear or insufficient for understanding a foreign language document’s relevance to a claimed invention, MPEP 901.05(d) provides guidance: “Examiners should review the submitted translation of a foreign language document to determine whether the translation is sufficient to understand the foreign document for purposes of applying it…

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How should examiners cite foreign language documents and their translations in office actions?

When citing foreign language documents and their translations in office actions, examiners should follow the guidance provided in MPEP 901.05(d): “When citing a foreign language document as a reference in an Office action, the examiner should list the foreign language document on the form PTO-892, “Notice of References Cited” in the normal manner, and should…

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How should applicants cite information from foreign language documents?

When citing information from foreign language documents, applicants should provide an English language equivalent or translation. MPEP 707.05(b) provides guidance on this matter: ‘Where an applicant for patent wishes to cite and rely on a different form of the English language translation of a foreign language document in the record of the application (see MPEP…

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