How are foreign language documents handled in patent reexamination?

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.

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 evaluate the content of foreign language prior art. The process for handling foreign language documents includes:

• Submission of a translation for relevant portions of the document
• The examiner’s consideration of both the original document and the translation
• Possible request for a full translation if deemed necessary by the examiner

It’s important to note that the burden of providing an accurate translation falls on the party submitting the foreign language document. This process helps maintain the integrity of the examination by ensuring all relevant prior art, regardless of language, is properly considered.