The creation of a new invention and/or product requires the inventor or manufacturer to secure a patent in their country of origin. The patent provides certain intellectual property rights and protects the intellectual property from unauthorized producers or resellers. When expanding into new markets, the owner of the original patent must hire a professional linguist or translator who understands Patent Law Translation to help them obtain a patent in other countries.
Understanding Patent Translation and the Law
Patents are complex documents used to secure the rights of all inventors. If the patent is transferred to or registered in another geographical location, a proper translation is required to uphold the inventor’s rights. The translation is critical to explain the fine details of the patent and prevent the unauthorized use of the design, specifications, and the final product. Professional patent translators are an integral part of completing these vital tasks and preventing financial losses for inventors.
Understanding Proper Terminology
Each language throughout the world offers its own specific words that convey legal terminology. An improper translation could fail to provide the most suitable terms, and the inventor’s rights are lost in translation. When translating the patent into a new language, it is vital for the translator to not only know proper word usage but also understand how the selected word translates into proper legal terminology.
Establishing Jurisdiction and Protecting Intellectual Property
Internationalization of the patent is the chief objective of patent translations. If the inventor wants to market and/or sell the product, he or she must acquire a translation of their patent in the native language of the preferred geographical area. According to Patent Law Translation guidelines, a failure to secure the translated patent could in some ways forfeit the inventor’s legal and exclusive rights to the invention. The translation helps the inventor acquire registration for their patent in all countries in which they want to sell the finished product.
Inventors and developing companies that want to capitalize on their products must complete complex and often confusing registration forms. For this reason, they need a proper translation of the forms and documents to acquire the title of grant in the target country and/or market. A translation of their existing patent protects their industrial or intellectual property more fully. It also gives the company or inventor the competitive edge they need to branch out into a more globalized market.
Preventing Approximations and Avoiding Cultural Equivalents
Each patent translation should be free of approximations and/or the cultural equivalent of specific terms that appear in the original patent. It must present the exact technological or technical jargon that explains what the invention is and how it is produced. The translation must provide explicit details about the design specifications and each step involved in manufacturing the product. The terms must match the native language exactly without errors, miscommunication, or misunderstandings.
Patent translators or linguists who are native speakers of the target language present the best services for inventors and/or patent owners. The professionals possess an extensive vocabulary related to the chosen language and can speak the language in a manner that patent readers comprehend the exact expectations of the inventor. If the patent translator understands the specifics of the product and subject matter, the inventor receives a more reliable translation that isn’t confusing. The patent provides the bare-boned facts about the product that don’t lead to further questions about the inventor’s rights or expectations in the new market.
What International Treaties Apply to Patents?
The Patent Cooperation Treaty outlines the exact procedures that patent owners must follow in countries in which the treaty is valid. The treaty applies to most countries around the world and requires high-quality translations for all patents for which the owner wishes to register in another country other than their country of origin. The use of professional linguists to translate the patent is urgent as outlined in the treaty.
The terms of the treaty define mistakes and errors that could lead to the nullification of the patent in the country in which the registration was submitted. If this occurs, the patent owner could lose all legal rights to their invention and/or product in the specified country. Without proper legal protection, any business or individual could utilize the design or plans for the invention or product and generate profits without the risk of legal prosecution.
Protecting the Patent in European Countries
Luckily, the European Patent Convention offers a one-application process for patent owners who need to register in any connecting country. The linguist or translator must provide a translation of the patent in English, German, or French to qualify under the convention. Once the application is approved, the patent owner’s intellectual property is protected fully.
Improper Translations and Eligibility
Differing laws apply in various countries and could impact the full scope of the patent and how it is translated. The patent owner needs a translation of their patent that includes terminology and technical jargon as specified in local laws. If errors exist in the translation, the patent owner or company could be deemed ineligible to sell or market the invention or product in the preferred country or geographical region.
Each country has its own patentability criteria, and the linguist translating the patent must understand the proper criteria to gain approval for the patent owner. The service providing the translation must specialize in patent translations and comprehend what the product is, what it does, or how it works when creating the translation.
A lack of knowledge of the specific subject matter could lead to critical errors that don’t cover all aspects of the invention or product properly. This could lead to more questions initiated by the patent office at which the owner is trying to register. If the translation doesn’t meet all criteria correctly, the patent owner won’t obtain registration in the chosen country and could suffer serious financial losses and face legal consequences.
Patents provide explicit legal protection for intellectual property such as inventions and products released on the market. Any inventor or manufacturer who wishes to gain legal protection must start by securing a patent in their own country first. Once the patent is approved, the owner registers the patent in other countries in which they wish to sell their product. A professional linguist or translator who comprehends the full scope of Patent Law Translation can offer high-quality translations that achieve all the objectives of the patent owners without facing any financial risks.