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!

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