Are English translations required for non-English prior art in reexamination requests?

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.

Yes, English translations are required for non-English prior art submitted with reexamination requests. According to MPEP 2218:

“If any of the documents are not in the English language, an English language translation of all necessary and pertinent parts is also required. See MPEP § 609.04(a), subsection III. An English language summary or abstract of a non-English language document is usually not sufficient.”

It’s important to note that providing only a summary or abstract may not be enough. The USPTO requires translations of all necessary and pertinent parts to ensure a thorough examination of the prior art.

Topics: MPEP 2200 – Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2218 – Copies Of Prior Art Patent Law Patent Procedure
Tags: Request Content, Snq Criteria