What should examiners do if a machine translation is unclear or insufficient?

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.

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:

“Examiners should review the submitted translation of a foreign language document to determine whether the translation is sufficient to understand the foreign document for purposes of applying it as prior art. If the translation is inadequate, the examiner may request clarification or a revised translation from the applicant.“

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.