Requirements under Section 29(1)(d)


9.23 If a translation of any document or part of a document is required then this should be accompanied by a declaration by the translator that:

(i) States the document being translated; AND

(j) Verifies that the translation corresponds to the original text of the document or part; AND

(k) States the name of the translator and contains a statement that he/she is well versed in English and the relevant foreign language.

9.24 Examiners may assume that the translation is accurate and should not routinely check the veracity of the document.

9.25 However, if there are clear errors or omissions in the document (for example, missing pages or text), then the Examiner may check the document using available translation tools or in consultation with an Examiner with appropriate language skills. The Examiner should raise the issue as a note in the written opinion. In such cases the applicant may make an amendment to correct the error.

9.26 If the error or omission is present in the original document then there is no legislative mechanism to address the issue, unless it results in a deficiency in one of the examined areas (support, claim relatedness, morality, methods of medical treatment or diagnosis, double patenting or added matter). The Examiner may include a note in an adverse written opinion bringing the error to the attention of the applicant. It may be possible to amend the specification and claims to address such issues, but careful consideration of the amendments will be required to ensure they meet the requirements of claim relatedness and the like.