Patent Translation: Protecting Your Ideas Globally

A patent is a right. This right is given to an inventor by the government for a certain period of time and prevents the invention from being exploited (used, sold, etc.) by other people.

IMPORTANT: Patents are territorial. If you file a patent in the US, the patent will have no effect in a foreign country, and you must file one in each country where you want your invention to be protected.?

Virtually every country has its own patent law, so if you wish to file a patent outside the US, you must follow the specific country's requirements.?

For example, in most foreign countries, you can only publish your invention after application, or you will see the right to a patent denied. Plus, if you eventually obtain the patent, maintenance fees are required.

What Can Be Patented?

Ideas, which, of course, find their application to become devices, methods, etc.

In the US, patentable inventions must be objectively useful and fall under one of these four main categories:

• Machine (i.e., a functional item consisting of – usually moving – interacting parts)
• Manufacture (i.e., a functional item with no moving parts)
• Composition of matter (i.e., a combination of chemicals)
• Process (i.e., a series of steps for doing something)

Aside from being considered as patentable subject matter, the other two criteria for patentability include:?

• novelty (different from anything else patented, sold, or publicly used before)

• non-obviousness (meaning that someone of ordinary skill in a relevant area could not easily come up with the same invention based on prior art).

What Cannot Be Patented?

It may sound obvious, but patent offices receive all sorts of applications, and they thought it best to make things clear.

Among the items you cannot patent are laws of nature (!) or items that are contrary to the public good (you cannot patent a process for making a nuclear bomb, for example).

The Patent Cooperation Treaty

If you want to make sure somebody on the other side of the world does not come up with an idea suspiciously similar to yours, the process is indeed rather complicated.

Thankfully, a diplomatic conference in Washington, D.C., in June 1970 negotiated the Patent Cooperation Treaty (PCT).

Its purpose is to assist applicants who wish to receive patent protection for their inventions abroad, support patent offices, and help the public access technical information relating to patented inventions.

By filing one international patent application under the PCT, applicants can simultaneously seek protection for an invention in many countries (currently 156, including the U.S.).

So, once you file one patent application in the US, you need to obtain a license from the Director of the U.S. Patent and Trademark Office (USPTO), and then you can apply for a patent abroad.

When Are Patent Translation Services Necessary?

If you need to have your patent filed in a country where English is the official language (such as Canada, India, the UK, and many African countries), that’s fine. No translation is required. You’re good to go.

If, however, you dream big and want your idea to conquer the world… Well, you have some translating to do.

Because if you want exclusive rights in a foreign country, your patent will need to be in the language spoken in that part of the world.?

Of course, there are a couple of shortcuts: Arabic will allow you to cover most countries in the Middle East and North Africa (MENA) region, just like Spanish will cover most of Central and Southern America.

Patents and Languages

Filing a patent is the best way to ensure your idea/product becomes successful and remains competitive. If you wish your success to be international, then you must hold a patent in each jurisdiction where your idea/product is marketed, and it must be translated into the relevant language.

Easier said than done.?

Patent Certificates are Very Complex Technical Documents

The wording they use is very specific, as is the terminology.?

Whoever is called upon to translate a patent must be either a subject matter expert or a highly skilled technical translator. Otherwise, the patent will need more accuracy.

The language used must be clear, concise, and direct. In other words, the translation must be as literal as possible while also considering the specific technical jargon and formats required by the patent offices in different countries.

What Happens if the Translation Is Not Good?

It must not be overlooked that patents are legal documents.?

If the translator or language service provider is not up to the task, the consequences can be dire indeed.

In particular:

• the patent office can reject the application in an otherwise favorable market;
• the patent protection level given in the various jurisdictions may be inconsistent;
• errors in translation may lead to financial consequences, legal claims, or even litigation;
• if errors are spotted before it’s too late, you may still have to review your documents, and this means you have to endure extra costs;

checking and correcting a less-than-satisfactory translation means wasting time. And when you want to have your idea patented, time is fundamental. Somebody else may beat you to it, and you could end up like Meucci.

Information and Filing Translations

When translating patents, we normally make a distinction between:?

• Filing translation (targeted at patent legal professionals, office employees, and patent licensees. i.e., the people in charge of evaluating applications. Translations for filing are basically the official record of the patent in the foreign country where you decided to file it);

• Information translation (used when legal evidence is required on patents that have already been filed; in this case, the translation may not involve the whole document but only parts of it).

Is Machine Translation a Good Idea?

There’s no denying it: Machine Translation is here to stay, and when it comes to technical texts (particularly patents) it is already widely used.?

The EPO (European Patent Office) and WIPO (World Intellectual Property Organization) have even made their MT tools available for use on their websites.

Machine translation is undeniably convenient: it’s fast and cost-effective.?

However, we cannot stress enough the importance of error-free patent translation.?Any machine translation must be carefully reviewed (the review of MT is called post-editing) by qualified professional translators specializing in the relevant subject matter.

TL;DR: Patent Translation in a Nutshell

• A patent is a right given to an inventor by the government that prevents others from exploiting the invention.
• Patents are territorial, so if you want protection in multiple countries, you must file a patent application for each one.
• An invention must be useful, novel, and non-obvious to be eligible for a patent.
• Ideas that cannot be patented include laws of nature and things contrary to the public good.
• The Patent Cooperation Treaty allows applicants to seek protection for an invention in multiple countries with one international application.?
• When filing for a foreign patent, you may need to provide a translation of your documents into the relevant language (unless English is spoken there).?
• Translating patents requires special expertise due to their technical nature and specific terminology. ? If done poorly, consequences can include rejection of applications or inconsistency in protection levels across jurisdictions.

A trustworthy language provider

LingPerfect is a language service provider that offers a wide range of certified translators in many languages. With our professional translation and localization services in 200+ languages, we can provide the support you need to file your patents anywhere in the world.

At LingPerfect, we know the requirements well, so do not hesitate to contact us for a quote for our services or reach out with questions regarding any legal requirements.

To learn more about our legal translation services, click here.