How are non-English documents handled in supplemental examination?
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.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2809 - Items Of Information,
Patent Law,
Patent Procedure