4.1 Machine translations 

In order to overcome the language barrier posed by a document in an unfamiliar non-official language, it might be appropriate for the examiner to rely on a machine translation of the document (see T 991/01), which is sent to the applicant (see B‑X, 9.1.3). If only part of the translated document is relevant, the particular passage relied on must be identified (see B‑XI, 3.2). A translation has to serve the purpose of rendering the meaning of the text in a familiar language (see B‑X, 9.1.3). Mere grammatical or syntactical errors which have no impact on whether the content can be understood do not disqualify it as a translation (see T 287/98).

A general statement that machine translations as such cannot be trusted is not sufficient to invalidate the translation's probatory value. If a party objects to the use of a specific machine translation, that party bears the burden of adducing evidence (e.g. a better translation of the whole document or of its relevant parts) that shows to what extent its quality is defective and should therefore not be relied on.

If the party provides substantiated reasoning for questioning the objections raised on the basis of the translated text, the examiner must take these reasons into account in the same way as when the publication date is questioned (see G‑IV, 7.5.3).