What is patent translation? 

Patent translation is the translation of a patent document into other languages. The patent document includes the patent specification or any other document used during the patent filing and application process. Patent translation has become an inevitable part of patent filing and prosecution with the increase in globalization and the advancement of technology. Patent translation plays an important role when filing for a patent application in foreign countries where it is mandatory to provide specifications in their local language and a verified translation is to be submitted to the specific patent office. In contrast, various countries accept specifications in English, so if your patent application is not in English, it can simply be translated into English and filed for patent protection in countries where English is a filing language. 

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Why is patent translation important?

Patent translation services are needed when there are documents that need to be translated from one language into another before being submitted to an agency or organization. 

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Filing vs. information translations patent 

When it comes to patent translation services, it’s important to understand that there are different types of translations required depending on the context. The two main categories of patent translation are filing translations and information translations. Filing translations are typically required when submitting a patent application to a foreign patent office. These patent translations must be accurate and comply with the specific legal requirements of the country in question. Information translations, on the other hand, are often required for research, marketing, or other informational purposes. These patent translations may not require the same level of legal accuracy as filing translations, but they still need to be of high quality to effectively convey the intended message to the target audience. It’s important to work with a professional translation provider who can help you determine which type of translation is needed for your specific situation and who has experience providing accurate translations for both filing and information purposes.

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Importance of patent translation for international businesses

The translation of patents is not only a service for lawyers and patent attorneys but also for foreign companies that are looking to enter the U.S. market with their products or companies wishing to enter the PCT national phase in countries like China, South Korea, Japan, and the like, where local patent translations are needed at the filing stage. Patent translations are needed for patent applications as well as for legal purposes.

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Importance of accurate patent translation for successful filings

The patent application is a legal document and should be drafted with great precision and accuracy. This imposes an obligation on the applicant to present his claims in a manner that identifies the true scope of the subject matter of the patent. Thus, when filing a patent in different jurisdictions, it is important to keep in mind that the patent documents should be accurate and submitted in the language prescribed by each jurisdiction. Consequently, a patent translation of the patent document is required. A poorly translated patent document can jeopardize the rights of the applicant, and the patent application would be considered abandoned. 

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Patent translation for effective cross-border protection and litigation

To file a patent application in a target foreign country and to obtain exclusive rights, the patent specifications or documents must be in the foreign country’s language; that’s when patent translation comes into play. Consequently, patent translation also helps in litigation, especially in cases where the invalidity of a patent is at risk due to prior art references in languages different from the patent under consideration. Therefore, the translated documents are also admissible in court as evidence. 

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Type of patent translations 

The first thing you should know is that there are many types of patents, and each one has its own language. For example, if you’re looking for a medical translation service, then your options are very different than if you wanted something related to engineering or technology. Different types of patents require different types of patent translations and patent translations can be done by one translator or a team of patent translators, depending on the complexity of your documents.

Synchronous patent translation

One type of patent translation is called “synchronous,” which means that a team of patent translators works together on the same document simultaneously using Skype or other similar tools so they can translate as quickly as possible without losing quality. The synchronous translation is faster than asynchronous translation but also more expensive because it requires more people and equipment (e.g., computers).

Asynchronous patent translation

Another type is called asynchronous translation, where patent translators do their jobs independently without working together at the same time (like they would in synchronous translation). This type of patent translation typically takes longer than synchronous translation because it requires more time from patent translators who are working at their own pace instead of at the same time as others in the group.

The efficiency of synchronous patent translation over asynchronous 

The synchronous translation is faster because everyone is working together at once, which means you get your final product faster! If you have questions about patent translation, feel free to contact us at any time, and we’ll be happy to answer them for you.

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Online patent translator services 

There are various online patent translator services and tools that help translate the patent document into not less than 28 languages. There are various databases, such as Espacenet and the USPTO, where a patent translator option is provided that translates the document into various languages for easy access and to fulfill the statutory requirement.

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Conclusion 

Patents are complex documents that require a certain level of expertise to translate. Depending on your patent, it may be best to use one translator or a team of patent translators, depending on the complexity of your documents.

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Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.

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Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.