How are non-English language documents considered in an IDS?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

Non-English language documents submitted in an IDS are considered as follows:

  • They are reviewed in light of the concise explanation provided (as required by MPEP ยง 609.04(a), subsection III).
  • They are understood to the extent possible based on their face value, including drawings and chemical formulas.
  • Examiners are not required to have the documents translated unless necessary.
  • Consideration is indicated in the same manner as for English language documents.

The MPEP states: The examiner need not have the information translated unless it appears to be necessary to do so. The examiner will indicate that the non-English language information has been considered in the same manner as consideration is indicated for information submitted in English. (MPEP 609.05(b))

Topics: Patent Law Patent Procedure
Tags: Foreign Language References, Ids, Non English Documents, patent examination