In the case of a translation supplied by the applicant, examiners are required to check that there are no obvious discrepancies (e.g. missing pages) in the translation, and that the translation is suitable for reproduction.

For translations filed before or on 25 September 2019, a certificate of verification for the translation must also be filed. In this situation examiners are required to check the verification. A simple verification will be to the satisfaction of the Commissioner (see, for example, 2.20 Annex D - Verification of Translation). It is not necessary for the person making the “certificate of verification” to use the exact words as specified. In particular, it is not necessary that the word “verify” (or any of its derivatives) appears in the verification. Provided there is a signed/dated statement to the effect that the document is a translation, with it being readily inferable from the circumstances that the statement indicates that it is a true and complete translation, then the translation requirements are to be regarded as having been met.

Where a translation is provided, but there is no verification, an objection should be taken (see, for example, PERP code [K1]).

Incomplete Translation

Note: The following information only applies to translations filed before or on 25 September 2019. For all other translations, see Incorrect Translation below.

Where the translation is incomplete, examiners must draw this to the attention of the applicant, since the translation is taken to be the Australian complete specification. Examination should otherwise proceed to the extent that the translation allows. Where the translation is so incomplete that examination cannot be undertaken (e.g. only an abstract or one page), the case file is to be referred to COG.

Note: Where a translation of Article 19 or Article 34 amendments has not been filed, see 2.20.10.5 Translation of Amendments.

Incorrect Translation

Note: The following information only applies to translations filed after 25 September 2019. For all other translations, see Incomplete Translation above.

Where examiners have any doubts about the accuracy of the translation supplied by the applicant, they should first consult Patent Oppositions. If Patent Oppositions are in agreement, then the applicant should be requested to file either:

a corrected translation of the specification and a certificate of verification for the corrected translation; or
a certificate of verification for the translation.

In this situation the period of time for acceptance may be extended by up to 2 months – see 2.15.7.3 Request for Corrected Translation or Certificate of Verification for the procedures to be followed.

Drawings, Graphics and Photographs

The drawings, graphics and photographs forming part of the foreign language specification (usually the pamphlet) are the drawings, graphics and photographs of the Australian complete specification, unless replaced by drawings, graphics and photographs filed with the translation, and would not usually include foreign language text. However, where the drawings, graphics and photographs include foreign language text:

in the case of translations filed before or on 25 September 2019, examiners should object and request a translated version.
in the case of translations filed after 25 September 2019, examiners should follow the procedures outlined in Incorrect Translation above.

Abstract

Although the translation of a PCT application may include a translation of the abstract, this is not part of the Australian complete specification and its inclusion should be disregarded for all purposes pertaining to the complete specification. An abstract in this respect is taken to be any passage in the translation having the heading "Abstract".