How are non-English language documents in an Information Disclosure Statement handled?

Non-English language documents submitted in an Information Disclosure Statement (IDS) are handled as follows:

• They are considered in view of the concise explanation submitted
• They are understood to the extent possible based on drawings, chemical formulas, etc.
• Examiners are not required to have the documents translated
• Examiners indicate consideration in the same manner as English language documents
• Examiners should not comment on the extent of understanding of the document

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.’

This approach is supported by case law, as noted in Semiconductor Energy Laboratory Co. v. Samsung Electronics Co., which clarifies that the examiner’s consideration is presumed to extend only to the translated portion and concise statement provided.

To learn more:

• IDS
• Information Disclosure Statement
• Non-English Documents
• Patent Examination
• MPEP 609.05

To learn more:

• MPEP 609.05