Statutory basis for creating a patent translation in various jurisdictions

Businesses are growing at an extraordinary pace and are fueled by the advent of break-through technologies. Since businesses are growing at an unprecedented pace authorities had to build rules and regulations that can help them ensure only valid technologies reach the market. creating a patent translation

This unprecedented growth in businesses and technologies have transformed a seemingly small focus area related to patents – patent translation – into an area which is now considered as an indispensable part of patent granting process. These days, without an accurate patent translation it would be impossible for an invention to get through regulatory requirements.

All we can say is that these days there is a statutory basis for filing and submitting an accurate and correct patent translation that can help concerned regulatory authorities understand the invention thoroughly. With this article, we are going to underline these statutory bases for creating a patent translation in various jurisdictions.

Also Read: Business Patent Translation: Everything You Need To Know

Statutory basis for creating a patent translation in the United States

As per Title 37 – Code of Federal Regulations, Patents, Trademarks, and Copyrights Rules, every international application should be accompanied by a true, precise, and accurate translation that can reveal the crux of the invention to the regulators. Failure to comply with this, within the prescribed time period will result in the national phase application being regarded abandoned. Patent translations are not only limited to filing but are also required while doing prior art search, and/or doing freedom to operate analysis.

Statutory basis for creating a patent translation in the European Union

As per the European patent convention act, every patent before being granted by the European Patent Agency should be validated by the contracting states which require thorough, precise, and accurate translation of the patent in local languages. Independent of this requirement, the translation of the claims in the official languages other than the language in which the claim was originally filed also needs to be submitted.

Statutory basis for creating a patent translation in India

Rule 20 of the Indian Patents Acts mandates that every international patent that sought protection in Indian jurisdiction should be accompanied with English language translation. Failure to comply with this within the prescribed time period will result in the application being regarded abandoned.

Translation is certainly one of the most important but least publicized aspects of patent protection. However, adequate attention should be paid into it by applicants as these days it is a regulatory requirement and no one can escape it.

Also Read: Bad Quality Patent Translation Can Bring Loss of Millions!

Patent Translations Express offers High Quality Services for Patent Translations.

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Frequently Asked Questions

Getting Started

What do I need to order a translation package ?

To purchase a translation package, all you need is a valid credit card or a PayPal account. You can also ask for custom price quote and further pay with multiple options. You need to either sign in “My Account” or create and activate a new account when checking out.

Are translations copyrighted?

No, copyright law does protect a translation.
In order to do so, the translation must differ from the original work to a specific creative level.
It must surpass the Threshold of originality.

What is intellectual property translation?

IP translation is the process that translates legal and technical documents needed to acquire intellectual property rights.
They are similar to other property rights.
Allowing the owner to seek profit from the invention or product.

What is a patent translation?

The process of translating patent documentation into another language.
Patent documentation includes patent specifications, lawyers correspondence, office actions e.t.c.
These are all needed during the patent application and filing.

What is EP validation?

It is a process of creating a national patent from a single granted European Patent Application.
It includes either one or more among 44 European Patent Organisation members or validation states.

What is an EP patent application?

The patent applications with an EP code are published by the European Patent Office.
Also, the patent applications with a code DE are published by the corresponding national office.

When must a PCT application be filed?

When the Patent applicants wish to protect their invention in more than one country.

How much does PCT filing cost?

It ranges from $3,000 to $4,500 depending on the size of the unit applying for patent protection.
Moreover, fee structure includes a transmittal fee (upto $240), search fee (approx $2,000), and international fee (around $1,100).

Creating My Account

How do I register at PTE ?

You will be asked to share your details (your full name, business email, phone number, etc.) before making the first purchase. You also have the option of directly registering at “My Account” page where you need to submit your business email. Once you click on that Register button, you will receive your account details on registered email. Further, you can edit your password and account details.

About Our Services

What payment methods do you accept?

We prefer to accept payments via Pay Pal. However, if you are not comfortable with it, we can also accept wire transfers.

Can I change or cancel my order?

Changes or cancellations to an already placed order can be done in two ways:

  1. By sending an email to the account manager assigned to you for this delivery (the details will be in your order confirmation email).
  2. By calling our customer services helpline at +1 (214) 269 0626.

While we will make every attempt to change your order, additional charges may apply if work on the request has begun or if the scope changes significantly. Therefore, please make changes as soon as you can.

What about iterations/corrections?

Any corrections needed due to our error will be done at no charge. Small revisions will be done at no charge. Changes to the scope of the project and additional translations will be charged at our normal rate.

How does Patent Translations Express (PTE) ensure translation quality?

We know Patent translation is all about quality and thus Patent Translations Express have put in place various mechanism to ensure clients get only quality work. The process of quality checks start right at the time of recruitment wherein we employ only those patent translators/editors who hold technical degrees such as PhD or other relevant higher degrees with an understanding of patent literature. The translators we work with have been selected based on their technical expertise, meticulous translation ability and outstanding client servicing capability.

Apart from this we have a long experience of translating patent related documents into and from 40+ different languages. No matter whether it is a patent application, a prior art, an office action document and/or patent litigation document, our team is equipped enough to deliver the desired result.

How long does a translation take to complete?

The rate at which translation is done depend on various associated factors like context, complexity and layout of the text; still on an average a translator completes 1500-3000 words per day.

In what format, files should be given for translation?

We prefer documents those are provided in electronic format like MS Word because it can reduce cost and delivery time both.

Can you guarantee my project will be kept confidential?

Yes, we take the full responsibility of confidentiality of your documents and thus we sign NDA with all our esteemed clients before taking up any such project. You can rest in peace that any information provided to us will never be disclosed to any third party, under any circumstances.

Apart from this all our translators and editors are bonded with Confidentiality Agreement that prevents them from disclosing any such confidential agreement to people other than those specified.

 

Can you provide any further insight into the use of manual translators versus CAT tools?

Regarding CAT tools vs manual translators, please note our observations below:

  1. When it comes to technical manuals, which are likely to have a number of terms repeated throughout, CAT tools may be very useful. However, when it comes to translating patents, where variation of meaning behind each word and sentence may be different in different patents, this technology is unsuitable and ineffective.
  2. Also, especially when quality of translation is to be done keeping specific jurisdictional laws in mind, CAT tools may not be as useful.

Hence, we believe to use CAT effectively, one must know both languages really well. Else, one will not be able to detect the shortcomings of the software and, won’t be able to produce unambiguous high-quality translations.

Delivering Your Report

What languages you covered ?

The translation can be delivered in any of the below mentioned Languages:

  • English
  • Chinese
  • Korean
  • Russian
  • Vietnamese
  • Japanese
  • German
  • French
  • Spanish
  • Italian
  • Dutch
  • Swedish
  • Finnish
  • Hebrew
  • Danish
  • Portuguese
  • Polish
  • Czech
  • Bulgarian
  • Hungarian
  • Norwegian
  • Urdu
  • Arabic

However, if you have some specific requirement or preferences, it will be delivered in that languages only.

Troubleshooting

I am still confused – What do I do?

No Problem! We are here to help you – e-mail us to discuss your requirements.

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