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IPA patent 6.1.16-assistance-with-foreign-languages
IPA patent 6.1.16-assistance-with-foreign-languages — IP Australia Patent Manual of Practice and Procedure – 6.1.16 Assistance with Foreign Languages
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Also in this Chapter:
6.1.1 Procedural Outline - PCT International Search
6.1.2 Introduction - International Searching
6.1.3 Search Allocation and Preliminary Classification
6.1.4 Unity of Invention
6.1.5 Abstract and Title
6.1.6 Subjects to be Excluded from the Search
6.1.7 Claim Interpretation, Broad Claims, PCT Articles 5 and 6
6.1.8 Search Strategy
6.1.9 Basis of the Search
6.1.10 Non-Patent Literature
6.1.11 Search Procedure
6.1.12 Search Report and Notification Form Completion
6.1.13 Reissued, Amended or Corrected ISRs and ISOs
6.1.14 Priority Document
6.1.15 Foreign Patent Search Aids and Documentation
6.1.17 Rule 91 Obvious Mistakes in Documents
6.1.18 Nucleotide and/or Amino Acid Sequence Listings
6.1.19 Annexes
Related Chapters:
6.9.5 Examiners with Foreign Language Capabilities
On this page
Translation of foreign language documents
Examiner duties in searches
Information to provide to a foreign language translator
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.
