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What are the requirements for translations submitted by patent applicants?

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What are the requirements for translations submitted by patent applicants?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
10 Rules5 Related FAQs

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 patent applicants submit translations of non-English documents, there are specific requirements and considerations. According to MPEP 901.05(d):

“If an English-language translation of a non-English language document is submitted by applicant, the examiner may rely on the translation submitted by applicant when examining the application unless there is reasonable doubt as to the accuracy of the translation.”

Key points for applicant-submitted translations:

  • The translation must be accurate and complete.
  • Examiners can generally rely on these translations unless they have reason to doubt their accuracy.
  • If the examiner suspects inaccuracies, they may request a human translation from STIC for verification.
  • Applicants should ensure high-quality translations to avoid delays or misunderstandings in the examination process.

It’s important to note that while applicant-submitted translations are accepted, the USPTO reserves the right to verify their accuracy if deemed necessary.

  • Examiners Can Use STIC Services for TranslationMPEP 901.05(d)Permitted
  • Examiners May Request Human Translations of ReferencesMPEP 901.05(d)Permitted
  • Examiners May Request TranslationsMPEP 901.05(d)Permitted
  • Examiners Can Request TranslationsMPEP 901.05(d)Permitted
  • Examiners Can Seek Oral Translation HelpMPEP 901.05(d)Permitted
  • Examiners Can Contact Translators for Oral TranslationsMPEP 901.05(d)Permitted
  • Requirement for Examiner’s Action Under 1.104(a)(1)MPEP 901
  • Translators and Office Hours Available OnlineMPEP 901.05(d)
  • Machine Translation Tools Listing RequiredMPEP 901.05(d)
  • Human Translations Delivered by Email OnlyMPEP 901.05(d)
  • How should examiners cite foreign language documents and their translations in office actions?
  • How do patent examiners handle non-English language abstracts?
  • What should be done if a machine translation of a foreign document is not of sufficient quality for patent examination?
  • What should examiners do if a machine translation is unclear or insufficient?
  • What is the significance of the INPADOC family in patent translation?
Tags: applicant-submitted translations, non-english documents, patent examination, translation accuracy
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