How does the USPTO handle prior art submissions in languages other than English for reexamination?
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How does the USPTO handle prior art submissions in languages other than English for reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
When submitting prior art in languages other than English for reexamination, the USPTO has specific requirements. According to MPEP 2244:
“If the prior art patents and printed publications are in a language other than English, any necessary translation should be included.“
This means that:
- Translations must be provided for non-English prior art
- The translation should be accurate and complete
- Both the original document and the translation should be submitted
It’s crucial to provide translations to ensure that the examiner can fully understand and evaluate the relevance of the prior art to the patent claims under reexamination.
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2244 - Prior Art On Which The Determination Is Based In Requests Filed Under 35 U.S.C. 302
Patent Law
Patent Procedure