2.2.3 Poor Translations

Date Published

Where the translation of a specification is so poor that the scope of the claims cannot be properly determined, and the nature of the invention cannot be ascertained, examiners should raise an objection of lack of clarity (see also 2.11.5 Claims are Clear).  For those cases where there are no earlier search results available, examiners should conduct a search to the extent possible as per 4.1 Searching.

Where it is necessary to restrict the extent of the search and/or report as a result of a poor translation, a note to this effect must be included in the report.  The note should indicate that opinion is reserved with respect to those matters not covered by the report.

Note: For translations filed after 25 September 2019, where examiners have any doubts about the accuracy of the translation, they should follow the procedures in Request for Corrected Translation or Certificate of Verification.