Copyright infringement. Industrial or Intellectual Property rights violations. Not having the right patents in place can be a serious threat to the commercial and financial wellbeing of your company.
You might have got your home market sewn up. But is your patent valid for every market where you do or are intending to do business? Everywhere your innovations might spread without your knowledge? Everywhere somewhere someone else might be raking in the cash from your idea?
In this article, we’ll look at why accurate patent translations are so important. Starting with the basics of what a patent is. Finishing with the dangers of getting it wrong. And considering some helpful ways to minimise the number of translations you need for your unique products, services and more along the way.
What is a patent?
A patent is a right given to an inventor by a government. It protects the inventor’s idea from being used, made or sold by other people in a certain jurisdiction. It usually does so for a set period of time.
The goal of any country’s patent laws is to encourage unique and useful innovation. They do this by ensuring that designers and creators are the only ones who are able to profit from their inventions. While a patent is in effect, the inventor’s intellectual property and industrial property rights are protected by law.
For this protection to work, the patent document itself should include a precise and detailed description of the invention itself. It will need to be in the correct language for the jurisdiction in question. And it will need to follow all local legal requirements and guidelines.
What kind of inventions can be patented?
In order to be eligible for a patent, an invention normally needs to be:
- Non-obvious
- Novel
- Unique by comparison to other similar inventions or parts of inventions
- Not be a law of nature or naturally occurring substance
- Not be a mathematical formula, method of calculation, fundamental truth, suggestion, idea or abstract principle
- Of legal use
- Useful and usable as a system of manufacture, an improvement, a material composition, a machine or a process
What are the different types of patents?
Patents usually fall within one of three categories:
- Utility patents: cover new machines, processes and chemicals.
- Design patents: cover the unique design or appearance of manufactured items.
- Plant patents: cover new and marked types of plants created by asexual reproduction, including hybrids made through methods such as grafting
When patents go global – why internationalise?
The problem with patents is one of jurisdiction. A patent issued by the US Patent Office will normally only be valid in the United States, for example. Today’s economy, however, is truly globalised. And the internet means that innovative ideas can spread very quickly indeed. Without a patent that protects your invention in another country, you leave yourself open to having your own idea stolen and exploited by someone else.
It’s vital then that you get a patent for your invention that’s officially valid in any region you want to trade in. This almost always involves getting your patent document accurately translated into the languages of the countries where you are intending to sell or use your invention. You can then use that translated document to apply for a registration certificate in the right jurisdiction.
A poor quality patent translation can:
- Make the scope of your patent much narrower than you need it to be
- Fail to meet the criteria needed for a successful application
- Make your patent completely unenforceable from a legal standpoint
- Lead to serious legal or financial problems
Help is at hand – the Patent Cooperation Treaty and EPO
You might not need to instantly go out and produce a couple of hundred different patent translations suitable for every jurisdiction on the planet, however.
What is the Patent Cooperation Treaty?
The Patent Cooperation Treaty (PCT) is an international agreement put in place by the World Industrial Property Organisation (WIPO). Currently affecting 148 countries worldwide, the PCT means that you only initially need one translation of your patent in order to gain protection for your idea in all of the countries which have signed the treaty.
By registering your patent with the WIPO, you are well protected in the event of future problems in those 148 countries. It’s only once your patent reaches the national level that you’ll need multiple translations.
What is the EPO?
The European Patent Office (EPO) offers similar protections for inventors who wish to safeguard their ideas in all of its 38 members countries. The languages which are valid for a patent application with the EPO are English, French and German.
Why are accurate patent translation services so important?
In patent translation, there is no room for error. There are no cultural equivalents to use or metaphors to translate. Precise, direct translation is key. Your translated document and source text need to be indistinguishable in the terms used. Especially when those terms relate to chemical compositions or the technical makeup of devices or processes.
This means that you need your translator to have specific knowledge and experience of your field or industry. No one else will have the technical vocabulary required to ensure the accuracy of your translated patent.
Your patent will need to:
- Meet all legal requirements and vocabulary of your target region: your translated document needs to be valid as far as local legal recognition goes. This involves the use of very specific legal phrases in your target language. Phrases which almost certainly won’t be in common usage.
- Be correct with regards to all terminology: the subject matter of your patent needs to be directly and accurately translated in order to be completely congruent with the meaning of your original patent.
- Include all other paperwork: there will almost certainly be more than just your patent document which needs to be translated in order to be accepted by the relevant authority and registered in your name.
- Potentially be certified: certified translation is sometimes a requirement for patent documents. There are several different types of certified translation. So always be sure you’re getting one that’s valid in the region you are targeting.
The danger of mistranslated patents
There was one specific case where the European Patent Office granted a patent based on a clear mistranslation. The original patent was for a process of cloning cells. The English version of the text used the word “animal” as the translation of the words tier in German or bête in French. Unfortunately, as the word “animal” in English can also include humans, the firm in question instantly had serious problems on their hands.
Similarly, a German pesticide manufacturer had no legal recourse for protection when their new product was copied and sold in the US. That’s a slice of a multi-billion dollar market they missed out on. Just because a translator used “snail” as the translation of a word (possibly schnecke) which can mean both “slug” and “snail” in German.
It’s for this reason that professional patent translation services are usually viewed as a commonsense move by most business leaders. Of course, you need your service to be transparent. To be clearly costed. And delivered by someone who knows the local laws relating to patents. As well as being a subject matter expert.
But going without them is never worth the financial risk to your business.
Got a question about translating your first patent? Or are you a veteran of the process and procedures required?
Comment below and join the discussion.
Julie Giguère
About the author
Julie Giguère is the Managing Director of Asian Absolute. Holder of degrees in Specialised Translation and Law, Julie’s career before Asian Absolute saw her manage translation projects for the Bank of Montreal as well as at major Language Service Providers in France and the UK. These roles were a natural fit for Julie, a passionate communicator who speaks fluent French, Spanish and English.