What are the conditions for using both NonEnglishQualifier_value and INSDQualifier_value elements for a single qualifier?

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 both NonEnglishQualifier_value and INSDQualifier_value elements are present for a single qualifier, the information in both elements must be equivalent. One of the following conditions must be true:

• NonEnglishQualifier_value contains a translation of the value of INSDQualifier_value
• INSDQualifier_value contains a translation of the value of NonEnglishQualifier_value
• Both elements contain a translation of the qualifier value from the language specified in the originalFreeTextLanguageCode attribute

The MPEP states: “Where NonEnglishQualifier_value and INSDQualifier_value are both present for a single qualifier, the information contained in the two elements must be equivalent.”

This requirement ensures consistency and accuracy in the presentation of language-dependent free text qualifiers in sequence listings.