How should patent applicants handle foreign language documents?
How should patent applicants handle foreign language documents?
When dealing with foreign language documents during patent prosecution, applicants should follow these guidelines:
- Obtain translations: Secure at least machine translations for foreign language documents.
- Review translations: Have someone review the machine translations for accuracy.
- Consider relevance: Determine if the foreign language document is material to patentability.
- Submit both versions: If submitting to the USPTO, provide both the original document and its translation.
The MPEP advises: “If a translation of a foreign language document is submitted, applicant should also submit a copy of the foreign language document.” (MPEP 2004)
This approach ensures that all relevant information is properly disclosed and considered during the patent examination process.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2004 - Aids To Compliance With Duty Of Disclosure,
Patent Law,
Patent Procedure