A patent, the document granting a legal right to an intellectual property, is only as strong as the language that defines it. So, when businesses are seeking international protection, the patent translation process becomes a legal act with real consequences, potentially exposing them to a number of risks. Let’s take a closer look.
A single word can change everything
The wording of patent claims is extremely precise. Each and every term is chosen deliberately with the aim to maximise the scope of protection. For instance, in a pharmaceutical patent, the words “comprising” and “consisting of” are not interchangeable, but rather imply two different things. While “comprising” is an open-ended term (the invention includes these components, but could also include others), the term “consisting of” is close-ended, limiting the scope of ingredients to those listed.
When documents are translated without deep subject-matter expertise, such a minor shift in wording and, therefore, meaning could completely rewrite what that patent covers or doesn’t. In the above example, translating “consisting of” to a term that means “comprising” may open up a loop hole for the competitor, deeming the patent worthless. This is why professional patent translation services use professional translators who are not only fluent in the target language but also trained in the relevant technical field, whether that’s pharmaceuticals, engineering, chemistry or electronics.
Deadlines, jurisdictions and missed requirements
Translation errors can happen not just in the text itself, but also in the process surrounding it. International patent translation involves strict procedural requirements that vary significantly from one jurisdiction to the next. Each of them carry their own deadlines and formal criteria, and missing or mishandling any one of them could mean losing rights in an entire territory.
The translation process should, therefore, not necessarily be separate from the filing strategy, but rather work harmoniously alongside it whenever advisabler. That is why companies like Seprotec offer integrated global foreign filing services alongside their patent translation services, managing both of those processes in a coordinated way to streamline costs and management, while also reducing the likelihood of errors at each stage.
How to mitigate the risks?
Many of these risks can be prevented by choosing the right partner for your patent translation and global foreign filling services. It’s important to look beyond the pricing and general reviews. You’ll want to check whether the translators hold qualifications and expertise in the relevant technical field for your patent. Additionally, ask how the provider manages the filing deadlines and coordinates with local agents. Don’t forget to also confirm how your data will be protected and stay confidential during the process.
Of course, your own cooperation is just as important for a successful outcome. While the professionals will handle much of the process for you, they will need you to provide all necessary information and documentation accurately and on-time. If something needs clearing up, responding promptly will help avoid unnecessary delays too.
The costs of getting it wrong
A small error in translation or a missed filling requirement can cost you far more than just money. It can set back years of R&D investment and open the doors to competitors copying your hard work. But, there’s also good news – most of these risks are entirely preventable with the right team behind you.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
