6.1.16 Assistance with Foreign Languages

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Translation of foreign language documents

The accuracy of online machine translation services (such as Google Translate) has improved substantially and are often sufficient enough for handling foreign language documents. However, if a machine translation is inadequate or the search examiner requires further assistance with a foreign language, they can refer to the list of foreign language translators and use the services of a suitable examiner.

Examiner duties in searches

As many as 3 examiners are often involved in any one search. However, only one examiner – the one whose normal duties cover the technical area of the search – has the immediate responsibility for both conducting the search and indicating the special categories of cited documents.

On occasions, it may be possible for a search examiner with no foreign language capability to perform a preliminary culling of relevant material on the basis of drawings or formulae. This should be done where possible before giving foreign language documents to a foreign language translator.

Information to provide to a foreign language translator

The search examiner is responsible for informing the foreign language translator of the nature of the invention and the nature and scope of the search. The search examiner should provide to the foreign language translator, copies of the written search statement and/or copies of the broadest claim(s). The translator is not expected to determine this information themself, as doing so would be a duplication of effort and there is a danger of inconsistency.

Amended Reasons

Amended Reason Date Amended

Edited for better readability and accessibility. Edited for consistency with Style Manual. Added subheadings and On this Page menu.

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