What Is Patent Translation?

Patent translation is a form of legal translation that includes applications, claims, and descriptions of inventions. It requires the translator to know legal language and phraseology. This process secures IP rights or intellectual property rights. Therefore, sometimes, the descriptions are highly technical and complex. Accuracy and precision are a must in patent translation services. Hence, getting patent documents translated from authentic and professional patient translation service firms or providers is essential.

What Is A Patent?

A patent is a legal right granted by government authorities to protect the rights of the inventor of a particular product or device. This prevents anyone other than the inventor from making, using, selling, or importing their invention for a limited period. The patent right usually lasts 20 years, although design patents may last a shorter period, 14 to 15 years. For patent protection, periodic fees may need to be paid.

It is possible to confuse patents with copyrights. However, there is a fundamental difference between them. While copyright tends to protect intellectual property in the form of text, such as books, films, poetry, songs, and lyrics, patents tend to protect IP in the form of physical objects, such as machines, devices, and instruments that have been invented.

What Is The Difference Between Patent And Copyright?

Although both patents and copyrights encourage innovation and creativity, there are quite a few differences between them.

What Are The Different Types Of Patent Translations?

There are various types of translation. They are as follows:

Patent Application Translations

You must submit a patent in another country where a different language is spoken. You will need the complete application, with all technical details and drawings, translated so that local experts understand your invention. This step is essential for approving the patent.

Patent Litigation Translations

Required if you need to defend or challenge a patent in court abroad. You must translate legal documents, evidence, and patents accurately because errors can affect the court’s decision.

Patent Filing Translations

Used when you file a patent but may not need full details of the invention, depending on the country’s rules. These translations must clearly explain the invention for legal review by patent officials.

Informational Patent Translations

Used by companies to understand other patents to monitor competitors or check for patent infringements. These do not need the same accuracy as legal documents but should be close to the original.

Patent Validation Transalations

Once granted, applicants must provide translations for European patents in each country where they require protection. This ensures the patent is enforceable in those countries.

How To Translate A Patent?

Identify Your Needs

Decide on the target language and the patent or patent application you need to be translated.

Patent Translation Service

Look for a professional translation service with expertise in patent translation. Ensure the firm has good reviews and a proven track record.

Submit The Documents

Prepare your patent documents, including application forms, claims, drawings, and supporting materials. Upload or send these documents to the chosen translation service. Many agencies offer online platforms for easy document submission.

Requirements

Inform the professional patent translators about deadlines, formatting preferences, or additional legal reviews by patent attorneys if necessary.

Receive A Quote

Patent translation costs usually vary based on the length and complexity of your documents. You can compare a few services and choose what seems suitable to you.

Translation Process

The agency will assign qualified translators who are native speakers of the target language and have expertise in patent law and technical terminology. The translated patent will undergo quality checks to ensure accuracy and compliance with legal standards.

Review

Companies that offer translation services usually allow you to revise and review their work to ensure it meets your expectations and is free of errors.

Final Submission

Once you receive the translated document, you can file it with the relevant patent office or use it for any other legal purpose.

Why Do We Need Patent Translation Service?

A patent translation is needed to ensure your inventions are correctly understood and legally protected in all parts of the world, using different languages from where the patent was initially filed. This process makes your patent valid globally. The importance of applying for patent translation is as follows:

IP Rights Protection

The World Intellectual Property Organization (WIPO) is an agency of the United Nations that protects intellectual rights and regulates the use of intellectual property. Established on July 14, 1967, it requires translation to secure rights in any other foreign region.

Competition And Opportunities

In an international economy, companies must obtain patent rights to stay competitive. Moreover, without patent protection, a company’s expansion potential may be limited in global markets.

Mistakes Are Not Allowed

Even a minor error can cause the patent application to be rejected during patent translation. Hence, it is best to seek the help of professional language service companies to ensure this won’t happen.

Legal and Financial Consequences

A translated patent that includes errors and is not 100% accurate can negatively affect the business financially or legally.

Translation Certification Requirement

Patent translation can be tricky and challenging and requires efficiency and fluency in more than one language. Therefore, the translation of the patent application must be performed by an accredited translator who can certify your document.

Also, read here to learn why you would need manufacturing translation.

Difference Between Machine And Human Patent Translation

A human translation service is always better than a machine translation for your translation requirements. This is because it may not meet legal standards for patent applications. Though technology translation tools like Patent Translate by the European Patent Office can assist in understanding patents, they are generally not legally binding and should be used cautiously. Qualified translators often post-edit these technical translations to ensure accuracy and compliance with legal standards.

Significantly Varying Translation Requirements Between Countries

1. Some countries like Germany, France, and the United Kingdom do not require patent translation.

2. Other countries, such as Spain, Italy, and Poland, need the complete patent translated into their official language.

3. Countries like Denmark, Finland, and Sweden only need patent claims to explain the invention’s protection.

4. Though not in Europe, Morocco has an agreement with the Europen Patent Office and needs the claims in French or Arabic.

How Much Does A Patent Translation Cost?

Patent translation costs vary significantly throughout the industry for various reasons.

1. It depends upon the length of the patent. For instance, biotechnology and pharmaceutical applications are often the most prolonged and translated into most languages, leading to higher costs.

2. Translation prices can differ based on the language pair and the target country’s economy. Translations into languages like Japanese and Swedish are typically more expensive than translations into Spanish or Chinese.

3. Translation prices can also depend on the translation agencies. Certified translation services generally calculate their rates per word, per page, or by the hour.

How To Become A Patent Translator?

Becoming a patent translator requires a blend of linguistic skills, technical knowledge, and an understanding of legal frameworks.

1. A patent translator must be fluent in at least two languages. It is essential to understand the terminology used in patent documents and be familiar with legal and technical terms related to the inventions being translated so that no one else can copy them.

2. There are no strict official qualifications. However, specialised training and a degree in languages or a diploma in translation can enhance the chances of getting the job.

3. An exact knowledge of international patent laws and procedures and a background in relevant scientific fields such as engineering, biotechnology, pharmaceutical, or information technology can be beneficial.

4. Practical experience and mentorship from seasoned professionals help enhance their skills and give them a taste of working in the field. Moreover, serving as a freelancer gives them flexibility.

5. Becoming a member of translation associations or intellectual property organizations and participating in workshops and conferences can give networking opportunities and access to job listings.

What Are The Must-Have Skills Of A Patent Translator?

The skills required by a patent translator are:

1. A patent translator needs to know at least two languages very well. They usually study translation and get special certificates, diplomas, or degrees. Just being bilingual or linguistic is not enough for this job.

2. Patent translators carefully choose their words to protect ideas from being copied. They also keep information private, as patents are essential in the industry. Patents translated with precision help protect inventions.

3. Patent translators often know legal terms and have strong vocabulary skills. They understand any ambiguity in the technical description can harm the procedure. Moreover, they follow rules like those in the World Intellectual Property Report to ensure the patent follows all laws and guidelines.