Everything You Need to Know About Patent Translations

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In his best-selling book, "The World is Flat - A Brief History of the 21st Century", Thomas Friedman discusses what he calls a "flattening" of the global stage. Now, thanks to the internet and technology, everyone - whether you live in a yurt in Mongolia or a skyscraper in Singapore - has access to the world and its market. 

As a result of this internationalization, businesses have become equally as international, bringing their products and services to new markets around the world. When entering these new markets, it's paramount that a company's intellectual property be properly protected under the applicable region's laws. As such, translations for patents and copyrights have become increasingly important. 

As stated by the WIPO, patents are territorial rights, which means the exclusive rights are only applicable in the country in which a patent was granted. More simply, what does this mean for you and your business? In order to protect your ideas in foreign markets via a patent, you need to plan out your filing process and have your patent documents translated.

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

Let's dive in!

What is Patent Translation?

Patent translation is the translation of patent documentation into another language. Patent documentation is wide ranging, and can include patent specifications, office actions, legal correspondence, and anything else required during the patent application and filing process. There is a specific form and style when writing patents, and each country is different. This is where the experience of a good patent lawyer comes into play.

Patent translation is especially taxing, requiring true competency in the target and source language, a firm grasp of technical terms, and an in-depth understanding of legal vocabulary.

Depending on the patent's subject matter, it may be necessary to collaborate with a translation who has industry experience in that field. And of course, the best way to ensure compliance and an error-free translation is by always working with a native-speaking translator.

When Do You Need Patent Translation Services?

Every country has its own patent system. If you want to obtain exclusive rights in a foreign country, you will have to file them in that specific country. It goes without saying that if you'd like to apply for intellectual property protection in a country that speaks a language other than that in which you patent was first filed, you're going to need a translation. 

You might not always need to translate your patent, depending on the country. For example, if you're patent is already in English, you can file for patent protection in countries where English is the filing language (such as Canada, Australia or the English-speaking Caribbean). This strategy could help you reduce costs and also get to market more quickly.

Combining this strategy with other major languages like French and Spanish could help you receive significant worldwide patent protection.

Filing vs. Information Translations

It's safe to say that there are two types of patent translations: those done for filing and those done for information. It might be hard to differentiate these two at first, but it's important to understand the differences in order to understand what you need.

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

A patent translated for filing will serve as your official record in the patent application process. The target audience for this type of translation consists of legal professionals, patent officials, and patent licensees, who will examine your patent application. This documentation should avoid fancy industry-specific lingo, instead expressing the invention's specifications as clearly and concisely as possible.

On the other hand, 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 should mirror the original as closely as possible.

Specifics for Certain Regions

Beyond just translating the patent itself in an accurate manner, some countries have specific rules regarding translations. In many countries in Europe, for example, any translated documentation that will be submitted to government bodies needs to be done by a sworn translator, who belong to a specific government body. Even if your IP translation is correct and accurate, in this instance, it would not be accepted. Idiomatic has offices on 5 continents and experience working with foreign government entities. We can help advise you on the translation requirements for submission  in your target market.

Why a High-Quality Patent Translation is Important

In the end, you get what you pay for. Paying for a cheaper but low-quality patent translation will ultimately be harmful for your business prospects. 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.

Idiomatic is proudly ISO 9001:2015 certified, and we follow stringent quality control and confidentiality standards. We help take the guesswork out of your foreign patent filing, which in turn can help you avoid the following:

• Huge project delays

• Increased expenses

• Idea theft

• Inaccurate patent information

• Increased competition

• Legal consequences

• Ineligibility to receive patent protection and exclusive rights

• Financial loss

If you are considering filing for patent rights abroad, don't leave your translation needs to chance. Idiomatic USA has over 25 years of experience and can help make the process smooth sailing. Please contact us here for a free quote.

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