Patent Translation Service

When a company employs a patent translation specialist, they are often looking for more than a foreign language translator with knowledge of intellectual property.  A patent translator must also possess patent strategies that protect a company’s interests while paving the way for new business opportunities.  A full-service patent translation provider may also prepare new products for localization and promote a company’s global business interests.

A good patent translator must understand a wide range of technological fields and offer a quick, yet highly accurate, translation.  The best patent translators have an abundance of experience in fields like information processing, telecommunications, semiconductors, machinery, chemistry and biology, as well as a wealth of knowledge about international patent formatting.

Nowadays, international companies must employ a stealth operation in securing intellectual property rights, as these are the lifelines of their continued success.  The more globalized a business becomes, the more important it is to secure international patents and licensing agreements, while being able to respond to any intellectual property infringements quickly.  All of these increased needs require an expert team of translators, for everything from patent translation to regular business translation and litigation.

In addition to their translation skills and industry expertise, a reputable patent translation service must employ stringent quality control standards, including confidentiality systems and guarantees of privacy.  This is especially important when competing companies are preparing similar products and services for patent protection.  If a patent translation or related documentation gets into the wrong hands or is misinterpreted, it could be a disastrous and very costly mistake.

In summary, a business with global operations must place the utmost confidence in a patent translation provider to ensure the accuracy, security and efficiency of their international patents and procedures.

More and more patent practitioners find themselves relying on patent translations as intellectual property continues to globalize.  However, problems with patent translations can seriously damage overseas filings and even leave domestic patent applications open to challenge.  A bad translation can even undermine litigation strategies, but few corporations have policies in place that will mitigate these risks.

As we all know, a word or phrase in one language rarely carries the same meaning in another language, and because there is no single correct way to deal with such problems, patent translation has become a rather “interpretive art”.  As a result, all business translations carry a certain amount of risk that the original message will become distorted.

Because most patent translations are meant to describe highly technical data, and are also written using highly explicit terms, they suffer less from inherent loss of meaning than some other forms of translation.  That said, however, patent translation is often challenged by the complexity of the text.  Some patents require complex sentence structures, particularly in their claims, and must maintain the narrowness – or breadth, of the original language in order to retain their integrity as legal documents.

Patents need to be translated by expert patent translators who are familiar with the industry / technical field, and the basics of patent law.  In order to ensure a reliable translation, it is important that all translations are reviewed by a second patent translator.  This can make patent translations costly, running into the tens of thousands of dollars for lengthy biotech specifications.

One way to transfer some of the risk with important patent translations is to make sure the translation service has adequate professional insurance.  Requesting verification of their certification may also help the translator to be more focused, but even these steps are more about gaining a good faith relationship with the translator; they are not a guarantee of quality translation.  No insurance policy or certification will eliminate the risk associated with international patent translation, but being educated about your options will certainly help you reduce costs and remain in control of the process.

Product developers who are looking for Japanese patent documents are often perplexed by the intricacies of Japanese patent translation.  This highly specialized form of patent translation presents its own set of challenges, which are best met by experts in the field of international patent translation.

One of the best ways to ensure that your Japanese patent translation is accurate and customized to a specific industry is to use Mirror Translations of Japanese patent documentation.

Mirror Translation of Japanese patent documents:

A mirror translation is used in cases which require that an English patent translation closely mirrors the content and form of the Japanese patent document.  This type of translation is most typically used in litigation for the purpose of invalidation.  When needed, a document can be provided that certifies the validity of the translation, with the signature of a Japanese-to-English translator who is certified by the American Association of Translators.

Some of the most fields that often utilize Japanese patent translation include electronics, automotive technology, semiconductors and information distribution systems.

Litigation Interpretation

Another use for Japanese patent translation is to help prepare Japanese witnesses for patent-related cases in a deposition.  In cases like these, it is very important that a Japanese-to-English patent translator has specific subject-matter expertise, as well as a background with intellectual property law.  Look for a Japanese patent translator who is based in Japan, rather than incurring the expense to fly someone over from the US.

In today’s global marketplace, larger companies are beginning to work with Japanese patent translation specialists more regularly, often retaining a translation service with industry-specific expertise to handle more complex cases.  Many US patent translation companies, particularly on the West Coast, are now offering specialty practice areas for servicing the needs of electronics companies with an interest in Japanese markets.

If you are in need of a patent translation, it may be tempting to save time and money by doing it yourself, especially if you are familiar with the original and target languages.  However, oral fluency is no guarantee of a smooth and stylish translation.  Even if you spend a lot of time in the country where the language is spoken, this doesn’t mean you will have a complete written command of the language.  To an expert, your translation may be immediately recognized as “foreign”.

If you and your company wish to project a professional, international image, a professional patent translation service will be necessary.  Most patent translators offer a network of localized, industry experts who are already quite familiar with a region’s patent formatting requirements, local culture, and professional writing style.

Sometimes, as a way to save time, it makes sense to consider machine translation, but this will only help you to get the “gist” of a translation.  It should not be used to translate filing documents, because it is simply not suitable for professional use.  However, a careful editor can take machine-output patent translations and turn them into final documents.  Your only challenge will be to find a human translator who is willing to do this.  Many patent translators will insist on starting from scratch.  While some translation services have developed software that pairs specific languages and subjects, which will translate more accurately, a final patent translation will still need to be revised and edited by a human being before filing.

If you have decided to use a patent translation service, one way you can save money is to finalize your text before submitting it for translation.  This will save the translator valuable time, since they will not need to go back and make revisions.  This can be incredibly time-consuming and more than likely, it will increase the cost of a patent translation.  Worse still, the more often you ask for changes, the more likely that errors will be made, some of which may end up in your final document.

Translation of English documents into Chinese can be a daunting task, especially if your translation needs require a patent to be translated.  Here are some useful tips to help you get started on the process.

• Chinese patent translations demand a translator that possesses a much higher level of industrial specialization.  For example, if your electronic product requires a Chinese patent translation, then it is necessary to use a Chinese translator with a background in electrical engineering.
• The best way to be sure that your Chinese patent translation is accurate is to ask for “back translation”.  Back translation is a process where the translated document is translated “back” into the original language, preferably by an independent translator.  The two documents are then compared and checked for accuracy.  While this process may seem tedious, it will ensure the validity and reliability of your Chinese patent translation.
• In China, there are four types of industrial property rights:  They are “Patents for Invention”, the “Patents for Utility model”, the “Patents for Design” model, and Trademarks.
• According to Chinese Patent Law, there are some items that cannot be patented in China.  These include, but are not limited to: scientific discoveries, animal and plant varieties, methods for diagnosing and treating diseases, and any invention that runs contrary to state laws on social morality.
• Once an application for a patent has been filed, a “request for examination” must be submitted within three years of the filing date.  Any Patent for Invention will be subject to substantive evaluation, including the novelty, industrial applicability and inventive step.
• On average it take about 22 months for an examination to be completed in China, but the examination will only begin upon the expressed written request of the applicant.
• Before you begin the patent filing process in China, you must first seek out a patent attorney.  A patent attorney will help you navigate the patent translation, filing, and examination process with ease.
• Machine produced patent translations are available through the Chinese Patent Office (SIPO), and their engines can be accessed on the SIP website, the Chinese Patent Database, and the Chinese Intellectual Property Net. Their services are free and open to the public.

Some product developers believe that patent translation is an exact science.  This widely held myth could not be further from the truth.  Just ask five native speakers to write a 100-word translation of a product description.  You will end up with five distinct versions of the text, some more readable than others.  However, the more familiar a translator becomes with your subject matter, the more likely they are to produce accurate and readable text.

The same idea applies to your patent translation team.  When a specific translator, or team of translators, becomes more familiar with your product or service, learns your business philosophy, and understands your go-to-market strategy, they will be more effective in translating your texts.

Whenever possible, get to know your patent translation team, not just the translators themselves, but the project managers as well.  Talk to your team often.  They should already be comfortable with the subjects they translate, but getting to know your specific objectives can only improve the quality of their work.

Secondly, never assume that technical language is foolproof.  While the naming conventions within scientific fields are likely to be internationally accepted, even the best technical writing specialists can still make errors, both with technical language and style.  Like any other writer, they must do their best to ensure that their patent translation reads just as well as the original text.  Take nothing for granted here, and always make sure your documents are proofed by the eyes of a second specialist.

If you do find that a translator is using incorrect terminology, it’s possible they are “in over their head” with your project.  One way to avoid this situation is to ask an in-house specialist, with a deep knowledge of the subject matter, to provide information to the translator up front.  They can also be asked to “vet” the final copy before the patent translation is filed.  However, if your subject matter specialist is not a native speaker, arrange a final review by a professional patent translator for syntax, grammar and style.

Before choosing a patent translation service, it is important to be sure they can handle the scope of work and provide the quality assurance you need for seamless translation for your specific industry.

Here are some ways to tell if you are working with the right patent translation service for your needs.

Industry Experts

When your project requires expertise in a specific industry, it is essential that your patent translation service is more than a translation service.  They must also be aware of foreign filing laws and regulations for patents.  This includes the use of proper formatting and legal language.  Any deficiencies in this area could result in unforeseen delays in your project.

Reliability

Quality control is perhaps the most important element in patent translation.  Your provider should be able to provide the specific care and attention to detail that your project deserves.

When interviewing a patent translation provider, ask them about their quality assurance system.  Will your project be handled by a dedicated team of project managers, translators and client representatives?  Who will be your main point of contact for the project?  Will they be accountable to a pre-set timeline?

Worldwide Presence

Does your patent translation service work with a network of legal and linguistic experts around the world?  Before handing your project over, be certain they can work with the right global partners and ensure quality control across multiple languages and time zones.

Awareness of Language and Culture

Each country employs very specific regulations regarding the language of a patent filing, which means your filings must be adapted to meet the requirements of specific areas.  A truly global patent translation service will understand localization for foreign markets, which means they will have access to a network of cultural anthropologists and linguists for the adaptation of your product.  A localization effort for a foreign patent translation will include the adaptation of content within all legal documents, technical journals, web sites and marketing literature pertaining to the product.

Certifications and Affiliations

Ask your patent translation service if they are members of the American Translators Association (ATA) and the Institute of Translation and Interpreting (ITI).  They should also be members of the US Association of Judiciary Interpreters and Translators, the International Trademark Association, and the American Intellectual Property Association.

In order to undertake a patent-related legal action with confidence, one must be certain that the patent translation is clear and precise.  For this reason, it is very important to either hire the right patent translation firm, or become familiar with ATA standards.

An inaccurate or poorly written patent translation could cost you the case or your firm’s reputation.  Before choosing translator, be sure that they comply with all of the relevant ATA standards.  Ask for relevant case studies, and find a translation service with experience or specific expertise in the type of patent you wish to translate.  Each translation must be painstakingly proofread by an industry specialist for the correct terminology and overall accuracy.

If you wish to become more familiar with the ATA standards, or if you plan on managing the translation procedure internally, the purchase of the ATA Patent Translator’s Handbook is highly recommended.  This book is a compendium of information, compiled by some of the world’s foremost patent translators, and includes an introduction written by a translator who is also a patent attorney.

This is the first book of its kind, written in English, about the how patent translation works in conjunction with all other languages into English.  While it provides ample guidance for the novice, the book also provides more technical methodology for literal translation, as well as production and evaluation methods that work with this methodology.

The ATA expects that this manual will become a valuable resource for any law firm that manages its own translation and a handy reference for any litigation where patent translation becomes an issue.  In addition, there is a chapter on managing patent translation for litigation purposes, which will be helpful to any patent paralegal working on multi-national cases.