Hello friends how are you all? Today we are going to talk about the 4 Things You Should Know About Patent Translation. The exponential rise of globalization is pushing industries to expand their business abroad. However, maintaining a foothold in the international market can be daunting. Patents hold immense power and enable companies to build international success. Hence, patent protection is paramount to prevent any undue idea theft and access competitive leverage.
4 Things You Should Know About Patent Translation
Patents are territorial rights and are only applicable in countries in which it is granted. For securing your patent in the international market, you need to translate the patent documentation into another language. The translations need to conform to writing styles pertinent to the documentation of the country you are applying to.
To ensure that your patent is efficient overseas, the translation should carry a specific linguistic and technical touch. Communicating the patentability of your invention in your language and country can be difficult, let alone for a foreign patent office. Hence, patent translation needs to observe specific dynamics which will provide it with an international significance.
Patent translations involve the intertwining of the domains of technical translation and legal translation. It includes the translation of different components of patent documentation, including patent specifications, office actions, lawyers’ correspondence, and other parts required during the patent filing process. If you are troubled with this tedious translation task, here are few essential points that you need to consider. It will enable you to choose the top patent translator and improve your translated patent application quality.
Types Of Patent Translation
Based on the nature of the document, there are three types of translations.
- Prior Art Documents: Prior art refers to information that exists before the effective date of a patent application. Hence, previous art references indicate that your invention is already known. Before filing for a patent, you need to ensure that your invention is novel and non-obvious. Patent translation for prior art documents helps you to protect your patent. The translator should have a high language competence, deep knowledge of technical terms, and an enhanced understanding of legal jargon in the spoken language of the patent filing country. They need to maintain the integrity of the translated patent documentation carefully.
- For Litigation: A translation service solution is typically required for defending or attacking a patent in the international market. Patent translations are used as legal evidence for litigation proceedings to define if something does or does not constitute a patent.
- For Foreign Filings: The translation of patent specification is required for filing at a foreign patent office. The translator needs to accurately communicate the dynamics of the invention appropriately to fulfill the obligations set out in a jurisdiction. The translation should precisely cover all the possible claims without any error.
Skills To Look For In A Patent Translator
While looking for a patent translator, you need to ensure that they are fluent in the language they translate to and their native language. The translation should show a high level of precision and accuracy to the original text. Moreover, the translator needs to possess a good understanding of patents in general. They need to be knowledgeable about the phrases used in patent fields to write patent specifications.
The translator should also have exceptional knowledge of technology and research skills. Since inventions are not easy to understand, if the translator possesses specialized technical knowledge, they can efficiently comprehend various aspects of your invention in the translated patent documentation. The translator should be able to carry out extensive research to use the right concepts and terminology.
Impact Of Errors In Patent Translation
If any error persists in the translated patent documentation, there are several consequences which the patent applicant is likely to suffer. It can lead to the invalidation of the patent. The slightest mistake can slow down the entire process, due to which you can incur high costs. Errors can also lead to deviation from the intended scope of protection. It could render the patent worthless to the patentee.
Moreover, mistranslation in the claims can also initiate an infringement proceeding by the competitor. Imprecise translation can lead to a change in meaning, offering a different protection scope in other countries. Hence, precision and accuracy in the translation are a must.
Important Techniques One Should Adopt
There are specific techniques one should adopt while translating patents. The objectives and descriptions should be clear, and the translated information should be consistent throughout. It should not be ambiguous and needs to include the right concepts and terminologies. The structure of embedded data in patent documentation should be coherent and appropriately descriptive.
The translator needs to consider the structural and linguistic differences of the language in which you intend to translate your patent—focusing on standard terminologies is crucial to avoid ambiguity. Proofreading is of paramount importance before filing the translated patent application. It helps to eliminate errors and improve its accuracy.
These are few essential parameters that govern the translation of patent applications. Following the best practices for translation enables the translator to produce task-specific quality work. It helps to keep the scope of the patent intact and keep it accurate, hence improving the chances of approval of the patent application.