Our team of patent translators at Priory Translations has been working with intellectual property documents since the company was founded twenty-five years ago.
In this blog post, we will look at what patents are, why and how to translate them and other types of texts that are common in the intellectual property field.
What is a patent?
A patent is an exclusive right that, for a specific period of time, allows the holder to take legal action against anyone who tries to copy, sell, use or import the invention covered by their patent without permission. Patents are granted by patent offices on behalf of governments and can only be given for inventions which are new, inventive and industrially applicable. In exchange for this legal protection, the patent holder agrees to share the invention with the public so that the technology can be understood and developed.
A patent is one of many intellectual property rights that inventors, companies and organisations use to protect their ideas. Applying for a patent can be a long and complicated process and, if the applicant wants to patent their invention in several counties, may involve translation at several different stages.
What is patent translation?
Patents are a territorial right, which means that applicants have to apply for a patent in each country or region in which they want their invention to be protected. Each patent office has different language requirements, so applicants may need to translate their patent documents into a number of languages as part of the process.
Patent documents are made up of a title, an abstract, a description, claims and sometimes figures illustrating the invention. It is not always necessary to translate all of the document, so translators may be asked to translate just the title, abstract or claims.
Do patent translators just translate patents?
A patent is just one of the documents that may need to be translated as part of the patent application process. Official forms, supporting documents, communications and decisions from the patent office often need to be translated along the way, and patent translators will work on these documents too.
The patent grant process can take several years, and often involves revision of the application document before it is finally accepted by the patent office. This means that patent translators may also be asked to adapt previous translations to match amended documents.
In addition, many patent translators translate documents associated with other areas of the intellectual property system, such as trade mark dispute letters, non-disclosure agreements, contracts, licensing agreements and evidence for patent infringement cases.
What are the features of patent translation?
Patent applications include a combination of legal and technical language, and patent translation is distinguished from other types of translation in that it requires a much more literal style and close adherence to the syntax of the original document, while at the same time sometimes requiring the use of new technical terms to describe novel technical concepts, or existing technical terms used in a new context.
The content of patent texts is highly formalised, with the style and structure of sentences being dictated by the legal nature of the document. Similarly, the meaning of many key terms and expressions is defined by case law and usage, so translators must pay careful attention to the choices made by patent attorneys and use equivalent terms that convey the exact meaning of the original. Patents also include specialist terms and expressions used in a particular field of technology, and even vocabulary that is found only in patents, all of which must be accurately and consistently used in the translation.
How do you approach translating a patent?
Every translator works differently, but most patent translators work with translation environment tools which allow us to store and retrieve key terminology and text segments easily as we translate. This helps us to work efficiently and to produce consistent translations which take into account style guides, glossaries, previous similar translations and feedback from clients.
It is common for translators to start by researching the background of the patent and familiarising themselves with the key terminology in both languages. Some begin by translating the claims so they have a clear idea of the inventive concepts, while others start with the description. Whichever method they choose, many translators ask a colleague to review their translation to make sure that the meaning has been correctly understood and expressed.
Patent translators know the importance of accurate translations within the patent system. Putting experts at the heart of the translation process means that clients can be sure the translations they receive are fit for purpose and confident that their applications meet the requirements of patent offices across the world.