Foreign Language References and 37 C.F.R. § 42.63(b)

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In Volkswagen Group of America, Inc. v. EmeraChem Holdings, LLC, ORP2014-01556 (December 22, 2014), the Board authorized the Petitioner to file a Motion to Correct its filings, and authorized the patent owner to responds.  The Petition required on several foreign language references, and while the Petition included an English translation of the references, it failed to include the required certification that the translation is accurate.

This is a good reminder that when relying upon foreign language references, 37 C.F.R. § 42.63(b) requires that foreign language documents be translated to English and include an affidavit attesting to the accuracy of the translation.

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About Bryan Wheelock

Education J.D., Washington University in St. Louis B.S.E. in Mechanical Engineering, Duke University Bryan Wheelock's practice includes preparation and prosecution of patent and trademark applications and drafting of intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods. Bryan prepares and prosecutes U.S. and foreign patent applications for medical devices, mechanical and electromechanical devices, manufacturing machinery and processes, metal alloys and other materials. He also does a substantial amount of patentability searching, trademark availability searching and patent and trademark infringement studies. In addition to his practice at Harness Dickey, Bryan is an Adjunct Professor at Washington University School of Law and Washington University School of Engineering.