Can patent examiners rely on machine translations for non-English prior art?

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, patent examiners can rely on machine translations for non-English prior art, but with some caveats. The MPEP 901.05(d) states:

“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.”

Key points to note:

• Machine translations are generally acceptable for understanding the content of non-English documents.
• If the examiner doubts the accuracy of the machine translation, they should seek a human translation from STIC.
• The quality of the translation is crucial, especially for documents highly relevant to patentability determinations.

Examiners must use their judgment to determine if a machine translation is sufficient or if a more accurate human translation is necessary.