What you should know about patent translation?

by Target Language Translation Services

- December 16 2021

There’s no denying that we’re deep in the globalization era by now – many businesses expand past their original markets and go global, or at least continental. To get a proper foothold in a new environment, it’s essential to distinguish oneself with something unique. But just coming up with an idea won’t be enough – you’ll also need to protect it from being stolen. And that’s where patents come in.

According to WIPO, patents are territorial rights, which means the exclusive rights are only applicable in the country in which a patent was granted. Therefore you need to plan out your filing process and have your patent documents translated if you want to secure patent protection in foreign markets.

In this article, we're going to explore the unique field of patent translation and help you obtain IP protection for your invention.

Why is patent important?

Thanks to the proliferation of social media, a robust blogging community that thrives on “leaks” and the real-time exchange of ideas over the Internet, it’s easier than ever to inadvertently share your ideas in a way that can have someone quickly capitalizing on your invention before you even know it’s happened.

A patent is designed to prevent this from happening so other people cannot profit undeservedly from your next great idea or invention, whether it’s a new social network or an original twist on the household vacuum cleaner.

If you want to reach an international audience with your product, then you’re in even more danger of losing business because you risk someone else claiming your idea and marketing it locally as their own. Without a patent you’ll be fighting an uphill legal battle that you’re likely to lose – along with the money you’ve invested in attorneys and legal fees.

That’s what makes a patent such an ally, especially if you’re looking to reach overseas markets. It gives you the exclusive rights to a specific idea or invention for a designated length of time – and yes, patents do expire, so remember that if you plan to keep yours.

But before you file, arm yourself with a bit of knowledge about proper translation, because it matters.

What is patent translation?

As the name may suggest, patent translation is nothing other than the translation of patent documentation. It involves translating documents such as: patent specifications, lawyers and authorities correspondence, patent office actions, and any other documents required for successful patent applications. Therefore, it’s a part of certified translations, as translating patents requires legal validation, and deals with official documents and specific language used in technical documents. You might consider it a mix of technical and legal translation services.

Given the subject matter and the specifics of the documents involved in the process, patent translation is considered one of the most demanding translation services in the whole industry. Therefore, it should be handled only by the most experienced and competent professional translators. The patent translator must not only possess impeccable language skills, but also have an in-depth understanding of legal terminology and vast knowledge of the subject matter’s technical terms.

While filing a patent in a foreign language, everything should be translated as accurately and precisely as possible – even a small misstep in wording can create a legal loophole that would allow your intellectual property to be exploited. So, you should make sure that the chosen translator has industry-specific knowledge before submitting your patent documents for a translation service – a native-speaking expert would be your best option.

Types of patent translations

In general, there are two types of patent translation: patent translation for filing and for information. It might be hard to differentiate these two at first, but it's essential to make the distinction to choose the right translation service.

The main differences between filing and information translation are their audience and purpose.

As the name suggests, a patent translated for filing will serve as your official record in the patent application process. Their target audience consists of legal professionals, patent officials, and patent licensees, whose job is to examine your application. These documents should be translated clearly and concisely, with the least technical jargon as possible, while still conveying the meaning of the invention.

Patent translation for information is typically used as legal evidence in court proceedings for patents that have already been filed. Usually, this type of translation is used to learn the contents of already filed patents, and it should be as close to the original as possible.

The importance of qualified patent translation

Translating patents is a complex and challenging task. A poorly done translation can jeopardize or slow down your entire patent filing process.

Patents hold great power. They're not just like any other document. Translating patents requires a perfect command of both languages, subject matter expertise, and in-depth terminology knowledge. Highly skilled patent translators can provide an accurate and fast solution, ensuring success with patent protection.

Some businesses fail to have their patent documentation translated by professionals. Or they end up hiring the wrong translators. As a result, they end up with significant translation errors that can severely affect the patent filing process.

Errors in patent translation can lead to disastrous consequences such as:

Huge project delays

Increased expenses

Idea theft

Inaccurate patent information

Increased competition

Legal consequences

Ineligibility to receive patent protection and exclusive rights

Financial loss

How to get proper patent translation?

Filing a successful patent involves several factors; you must have a novel idea that is described clearly and is both detailed and specific. Among the top reasons for patent rejections is an improperly filed application, which means that not only must you have a viable concept but you must also follow specific filing requirements, including submitting the application in the appropriate language.

Another way that translation plays into patent applications is during the research phase. If you are interested in filing a patent in another country, then you’ll need to research existing patents in order to determine any possibility of patent infringement. As you discover patents filed in other languages you may need to translate them in order to understand them.

Increase chances of success with a precise translation

The patent office may also require a certified translation, which means that not only must your application be accurately translated but it must also meet legal requirements so that it will be accepted by courts.

Currently, the average patent application pendency is about two years. Budget cuts and understaffing over the years can make the backlog even longer. Given the number of patent applications that are received annually, you can see how important it is to ensure that yours meets all of the technical requirements so it can be evaluated on its merits and not rejected because of something as slight as a mistranslated heading.

A qualified translation services company can help you navigate the language requirements so be sure to seek professional advice when it comes to translations – that will leave you free to focus on turning your idea into the next great invention.

This article is reprinted from Language Buro, JR LANGUAGE and TEXTOLOGY.

If there is a copyright, please inform us in time, we will delete it right the first time.