Like any other creative person, inventors are often not the best business people.  They often make mistakes as they attempt to protect their inspired inventions, and ultimately obtain a patent.  From premature use of the product to using the wrong patent translation service, costly mistakes can affect the success of an invention and forever change its marketability.

Unfortunately, important mistakes can sometimes make it impossible to get patent protection at all, but these mistakes occur every day.  Here is a sampling of common mistakes inventors make, and how to avoid them.

• Selling the invention:  Many inventors make the mistake of selling their product before a patent application is ever filed.  This may not be a problem in the US, but it can keep the inventor from having foreign rights to the product once the invention is sold.  That’s because the US is peculiar in having a 12 month grace period for patent filing.  Other countries follow an absolute novelty rule.  So if you would like to retain the right to a foreign patent, be sure to apply before the invention is sold.
• Offering to sell the invention:  Not only does the sale of an invention have negative consequences, but offering to sell it can expose an inventor to the same risk as an actual sale.
• Public use of the invention:  Using the invention in public can create the same problems as a sale (or offer to sell).  In the United States, if you publicly use your invention, you have twelve months to apply for a patent.
• Skipping a professional patent search:  Many inventors attempt to do these themselves, and often find nothing similar to their invention on file.  This is nearly impossible, since there are over 7 million US patents.  Using a professional patent search will ensure that you have uncovered every similar invention on record.
• Using the wrong patent translation service:  This is perhaps the most important step in obtaining international patents.  Be sure you choose a patent translation service with the proper credentials and certifications. They should also have patent translation experience within your specific industry, and a history working with the patent office in the country where you are filing.

Intellectual property (IP) generally refers to the “creations of the mind”, while IP rights usually refer to an individual’s rights to market such creations.  While South Africa recently celebrated Intellectual Property Awareness Day, the country’s patent filing activity has remained stagnant for the past decade.  In fact, a 2007 study by the Innovation Fund found that at least 50% of all patent applications filed in South Africa are filed by foreign applicants.

The problem may lie in a lack of education among South African entrepreneurs about the need for patent protection.  In the case of new and innovative ideas with commercial applications, patents are used to protect the inventors’ rights and prevent others from marketing their ideas.   Inventors don’t need to have a patent before marketing their invention, but the patent can keep competitors at bay.  They can also be an important negotiating tool for negotiating rights with third parties who have similar patents or complementary assets.

Patent translation plays an important role for South Africans who are looking to patent their inventions globally, as well as foreign companies looking for a South African patent.  It is important to choose the right patent translation service before attempting to secure a South African patent, even if the patent will be filed in English.  In addition, most patent specialists, including attorneys, patent search specialists and patent translation providers, work in a few very specific industries.  Before hiring a patent translation service or other professional, be sure they are familiar with your industry.

For any entrepreneur wishing to take an invention global, it is important to note that while there are no world patents, there is an international patent application as part of the Patent Cooperation Treaty.  These applications are administered by the World Intellectual Property Organization, but all patents are bound by their territories and require the appropriate language and patent translation to be considered in the final patent approval process.

If South African companies are to become a knowledge economy, and become more competitive on a global scale, they must recognize the importance of protecting their inventions.

Variations in patent law and how it is practiced across the globe have an impact on how patents are obtained in other countries.  While some harmony exists between the three territories that dominate this arena, there are still significant differences in certain areas.

No matter what type of product or innovation, patents play an important role in protecting inventions, since they prevent others from making, selling, stocking or using a patented invention without the consent of the patent owner.  It sounds simple enough to create a patent process that would be accepted in every territory throughout the world, but a global patent does not yet exist.  As a result, inventors need to carefully research where to file for a patent, based on the costs, waiting time and other restrictions.

Before filing an international patent, it is common to file an international patent application (under the Patent Cooperation Treaty) within twelve months of the first patent application filed in the applicant’s home country.  This will buy the inventor enough time to research marketability, patent translation costs, localization strategies and other factors before filing individual application within each country.

Patent translation services are a big part of the international patent process, especially in highly technical fields like engineering, pharmaceuticals and software.  A good patent translation service may sometimes provide additional services, such as foreign patent filing, mirror translations, and localization strategies.

There are a number of important differences between the three main patent offices on the global arena: the European Patent Office (EPO), the Japan Patent Office (JPO), and the US Patent & Trademark Office (USPTO).  Not only do their patent laws differ, but they also vary in the scope of protection they afford.

Is a single patent application realistic?

Yes, but only if the differences between patent offices are considered on the draft of the original patent specification.  With the help of a competent attorney, an experience patent translation service, and a n professional patent search, a full description can be prepared, including narrow and broad definitions of the invention.

While a certain measure of harmonization has occurred, there is still more to be done before a single, global patent is possible.

As IP professionals are well aware, a poorly drafted or poorly translated patent can have disastrous results.  Not only can it give away your most valuable secrets, it can cost millions to defend in court and even expose the patent holder to liability.

The patent process is deceptively complex, and doing it right requires great skill, training and practice.  Likewise, the examination process in the U.S. Patent & Trademark Office is a highly complicated procedure requiring specific skills and training.  For foreign filings, a poor patent translation can make the difference between the success and failure of globalization efforts.

Whether or not a patent application is drafted properly can often depend on the arcane and complex patent laws that affect its validity.  It also requires a certain level of skill in patent laws, drafting, patent translation and the technology used in the invention.

Why is the patent translation service such an important element of a patent’s success?  Well, it is because patent drafting requires a precision in language that could easily go unnoticed in normal life.  Even when a patent attorney has dotted all their “i”s and crossed all their “t”s, a patent translation must accurately every word, technical term, and meaning into a foreign language.  This is much easier said than done, because the language used in a patent can be very confusing.

Similar to patent attorneys, a good patent translator must have all the proper certifications and technical education required to thoroughly understand the invention in both their native and secondary language.  This includes experience with industries, products, patents and companies that are germane to your needs.

A patent translation service must also have experience with the patent procedures in the countries where the invention will be sold, made or used.  While it may be challenging to find the right patent translation service, don’t try to save money here.  Be sure you get exactly the type of translator you need.

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.