If you have developed a new, innovative or even groundbreaking product, you may require a patent to protect your invention both in your home country and internationally.
A patent is a legal contract and intellectual property (IP) right. It grants the inventor the exclusive right to their invention and so prevents others from manufacturing, using, or selling it without permission. Patents can protect products or processes.
To gain patent protection in overseas territories, you will need accurate translations of documentation that meet each country’s legal and technical standards. Each territory has its own unique patent requirements.
What is patent translation?
Patent translation is the process of converting patent-related documents from one language to another.
It is vital to ensure that technical and legal terminology is accurately conveyed. Translation errors could result in the rejection of patent applications, the invalidation of patents or legal disputes.
Products or processes could be left unprotected and vulnerable to being copied by competitors. For this reason, translators mut be specialists, possessing both legal and technical expertise.
When are patent translations needed?
You will need to file numerous applications to secure patents in multiple territories. It is essential to comply with the laws and requirements of each jurisdiction. High-quality translation will be necessary, even when utilising international frameworks including:
Patent Cooperation Treaty (PCT)
This is a unified process that enables inventors to file a single international patent application. However, translations of filings are required for each language concerned.
World Intellectual Property Organization (WIPO)
Regulates global intellectual property rights and patent registrations. Translated documents are often required for filings. Some member countries accept filings in English, French, or Spanish. Others require documents to be translated into their national language.
European Patent Office (EPO)
This organisation handles patents for many European countries, with filings generally required in English, German or French. However, countries may still demand additional translations into their official languages following approval.
Japan Patent Office (JPO)
To apply for a patent in Japan, you must file an application with the JPO, including a description, claims, drawings (if necessary), and an abstract. The application can be filed online and in English. However, Japanese translations of all documents must be provided within the requested timeframe. Depending on the specialists, quick turnaround times may be possible.
Which documents could require translation?
When applying for a patent, the documents that you may require translations for include:
Patent applications
When applying for a patent in a country that speaks a different language to that where the patent was originally filed, the entire application will need to be translated. This means that all technical specifications, patent claims, drawings and explanations will require translation.
Patent filings
Translations will be needed when you file patents, but these would usually not include the full details of the product or system. Your filing is your official record of the application process and will be examined by legal professionals and patent officials. These documents do not feature the level of detail found in patent applications but must clearly convey the nature of your invention.
Patent litigation documents
At some point you may need to defend your patent rights in court or challenge the rights of another overseas. You will then need translations of all legal documents, evidence and patents. These must be completely accurate as the outcome of legal action could depend on them.
Patent validations
When a European patent is granted, it must then be validated in each member state. Countries may require translations of the patent to be submitted in their official language to ensure the document is enforceable.
Informational documents
Businesses often utilise translated documents to monitor competitors or to check for patent infringements. These translations do not require the same level of accuracy as applications and legal documents.
What is the process for patent applications in Japan?
As with all legal matters, there are many complexities to navigate when applying for patents in Japan. The following is a brief summary of the process. There are further steps you may need to undertake should your application be refused.
Applications are filed with the JPO online and must include:
An application Form
A detailed explanation of the invention
A precise definition of what the patent is claimed to protect
If appropriate, visual representations of the invention
An abstract (concise summary of the invention)
The invention must be new and not previously publicly disclosed. It must feature an inventive aspect that would not be obvious to someone skilled in the relevant field. It should also be industrially applicable and must not be a threat to public order, health or morality.
Applications can be made in English, but Japanese translations must be submitted within the stated timeframe.
The JPO will examine your application to determine if it meets the requirements for a patent and then either grant or refuse your patent. A fee is payable upon grant of the patent. Examinations are not automatically conducted. You must request one. Failure to request an examination will result in the JPO deeming the application to have been withdrawn.
18 months after a patent is granted it is published in the Patent Gazette, enabling others to oppose it.
Why is patent translation so demanding?
Patent translation is more complex than most undertakings. It requires an deep understanding of the law and technical terminology. Even the most seemingly minor translation error can change the meaning of a sentence or phrase. This could result in the rejection of an application, legal disputes or loss of protection.
Patent translators must boast expertise in both the invention's field and the legal patent terminology in the country concerned.
Patents often feature descriptions of highly specialised aspects of engineering, pharmaceuticals, software, and other industries.
Each territory has unique regulations that dictate how patent applications must be written and translated. Some countries utilize certain legal terms that do not have direct translations in other target languages. Specific formatting and phrasing may be required.
Translations related to patents must be rigorously quality controlled and so demand the input of more than one professional.
Is patent translation expensive?
Patent translation services tend to be more costly than most translation projects due to the complexity of the material involved, the need for specialist knowledge, experience in patent translation and the importance of complete accuracy. Patent translation costs will also be impacted by the number of documents and words to be translated, the language pair involved and the urgency of the work.
Patent documents are not suitable for machine translation services. They must be handled by an expert, human translator who possesses the required knowledge of the legal system and industry concerned.
Patent translation with Word Connection
If you require translations related to patents, it is vital to choose a translation provider that boasts suitable credentials.
We provide Japanese patent translations and offer:
Expertise in Japanese patent law and terminology
Specialist translators
Stringent quality assurance measures
Extensive experience of translating patent documents
ISO 17100 and ISO 9001 Certification
Headquarters in both Europe and Japan
You can trust Word Connection to deliver accurate patent translations that comply with Japanese patent law. The work of our patent translators is always quality assured, and we can provide certified translations of your documents when required.
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