Patent certification for the US patent office
Thread poster: xxxValerie35
xxxValerie35
Local time: 10:59
German to English
Jan 15, 2009

Hello,

Does anyone have:

1) A sample "true and correct" form for a translation that is to be sent to the US patent office

2) Any more detailed information on which translations have to be certified, which don't etc.

Thanks in advance!


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Bruce Popp  Identity Verified
United States
Local time: 04:59
French to English
Foreign patents submitted to the US Patent and Trademark Office Jan 16, 2009

As far as I know, the US Patent and Trademark Office (USPTO) does not have a form or preferred wording for a statement that a translation is accurate. In no case does it appear that the statment that the translation is accurate needs to be certified or notarized. (However in one specialized case involving evidence at a hearing an affidavit is required.)

Here are situations that I know of where a translation of a foreign patent is required by the USPTO. In each case it is the application that must submit the translation.

1) A US Patent Application claiming a priority date based on a foreign application. (Title 37 Code of Federal Regulation [37CFR] 1.55(a)). A translation is only needed in certain cases. "(ii) If an English language translation is required, it must be filed together with a statement that the translation ... is accurate."

2) A US Application filed in a language other than English. (37CFR 1.52(d)(1)) "an English language translation of the non-English language application, a statement that the translation is accurate, and the processing fee ... are required"

3) For a non-English language international application under the Patent Cooperation Treaty (PCT) to get provisional rights against infringment in the US, a translation needs to be filed with the USPTO. (37CFR 1.417).

4) For a non-English language international application under the PCT to enter the national phase in the US, the applicant shall file with the USPTO "a translation into the English language of the international application, if it was filed in another language" Title 35 United States Code [35USC] 371(c)(2), cross-referenced in 37CFR 1.495(c)(1)(i). If ammendments were made to the internation application under PCT Article 19, then "a translation of those amendments into English, if they were made in another language, must be furnished..." 37CFR 1.496(d) "A translation into English of any annexes to an international preliminary examination report (if applicable), if the annexes were made in another language,
must be furnished..." 37CFR1.496(e)


When oaths or declarations which are required as part of the US application are prepared in a foreign language, a translation is required 35CFR 1.69(b) "together with a statement that the translation is accurate". But note that the USPTO does provide on its website some foreign language forms for this purpose.

If a translation of a document from the prior art (in a non-English language) listed on an Information Disclosure Statement is available , the transation shall accompany the Information Disclosure Statement. 37CFR1.98(a)(3)(ii) "A copy of the translation if a written English-language translation of a non-English-language document, or portion thereof, is within the possession, custody, or control of, or is readily available to any individual designated in ..."

Third-party actions protesting a patent or patent application or requests for rexamination may need to be accompanied by translations of prior-art or patents which are in non-English language.

For an international application (PCT) designating USPTO as International Preliminary Examining Authority to establish priority based on a non-English patent application, a translation of the non-English patent is required. (37CFR1.484(i)).

Bruce


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xxxValerie35
Local time: 10:59
German to English
TOPIC STARTER
Thanks Jan 16, 2009

Thank you! - that was quite extensive.

The drift I'm getting from your post and from other sources is that a direct application (with a foreign priority application) needs a "true and accurate" statement from the translator, although the form is open.

The national stage of a PCT application DOESN'T need a "true and accurate" declaration with the translation.


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Patent certification for the US patent office

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