What should examiners do if a machine translation is unclear or insufficient?
If an examiner finds that a machine translation is unclear or insufficient for understanding a foreign language document’s relevance to a claimed invention, MPEP 901.05(d) provides guidance:
In such cases, examiners should:
- Notify the applicant that the machine translation is inadequate.
- Request a human translation or clarification of specific portions of the document.
- Consider obtaining a human translation through the Scientific and Technical Information Center (STIC) if necessary.
- Ensure that any relied-upon portions of the foreign document are properly understood before using it as prior art.
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