What are the requirements for citing foreign patent documents and non-English documents in an IDS?

When citing foreign patent documents and non-English documents in an Information Disclosure Statement (IDS), the following requirements apply:

  1. For foreign patent documents:
    • Cite by document number, country, and publication or issue date
    • Provide a copy of each cited foreign patent document
  2. For non-English documents:
    • Provide a concise explanation of the relevance, as understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, unless a complete translation is provided
    • Provide a written English language translation of the non-English language document, or portion thereof, if it is within the possession, custody, or control of, or is readily available to any individual designated in 37 CFR 1.56(c)

The MPEP states: “For non-English documents that are cited, the following must be provided: (a) A concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, unless a complete translation is provided; and/or (b) A written English language translation of a non-English language document, or portion thereof, if it is within the possession, custody or control of, or is readily available to any individual designated in 37 CFR 1.56(c).”

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Topics: Patent Law, Patent Procedure