What is required for non-English language information in an IDS?

When submitting non-English language information in an Information Disclosure Statement (IDS), a concise explanation of the relevance is required. The MPEP states:

Each information disclosure statement must further include 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 listed that is not in the English language.‘ (MPEP 609.04(a))

Key points regarding non-English language information:

  • A complete translation is not required if a concise explanation is provided.
  • If a complete English translation is submitted, no concise explanation is needed.
  • An English-language abstract may fulfill the requirement for a concise explanation.
  • For information cited in a foreign patent office search report, submitting an English-language version of the search report indicating the degree of relevance can satisfy the requirement.

The explanation should be sufficient to convey the relevance of the non-English information to the claimed invention.

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Topics: Patent Law, Patent Procedure