Patent translation is a highly prolific specialty in the language services sector. The current technological context allows for the creation and development of new technologies that enable societies to evolve towards a more efficient, engaged and collective future. In this regard, the concept of intellectual property is especially relevant because it grants the original inventors with a series of use rights and prevents fraudulent use of their ideas. At the same time, these most current teachings (“current state of the art” in patent terms) are ideally disclosed at an international level, which entails the need to localize/translate this new specialized content. To do so, there is a patent mechanism (intended to regulate which elements can be protected by a patent and which cannot) and another mechanism, which organizes the internationalization process through the translation of documents related to intellectual property.
Translation agencies with departments specialized in patents usually work with a variety of document types, but the most common is without question the patent. Normally, the documents are divided into those for the filing procedure (specifications, claims, full descriptions, in-depth examinations, responses to the in-depth examinations) and those for legal proceedings related to intellectual property. Nonetheless, the most popular type is the patent document. But, is there just one type of patent? Are they all the same? In the first part of today’s article we will look at some of the patent classifications, especially for those professionals who are starting out, or those who have perfectly mastered the content they present, but have never stopped to think about how they are organized in the institutions.
Firstly, a common patent classification is that with a so-called “territorial scope”. Patents must first be registered in a specific country. At this time, they become “national patents”, and there is a maximum period of 12 months to extend this patent application to one or more countries by means of direct applications in the countries in which protection is sought, or by means of existing international agreements. The body responsible for the national registration in Spain is the SPTO (Spanish Patent and Trademark Office, or OEPM in Spanish). Then there are the so-called “European patents”, which applies to all patents that are filed in one or more member countries of the European Patent Convention. The body responsible for this proceeding is the EUIPO (European Union Intellectual Property Office). As such, patents in Europe have two areas of protection: state (with national patents) and European (with European patents). Lastly, one of the most well-known types is the “PCT patent”, which is a type of international patent regulated by the Patent Cooperation Treaty. This system enables a patent to be protected through a single international application in a large number of countries, without having to obtain individual national patents. In this case, the body responsible for the proceedings is the WIPO (World Intellectual Property Organization).
Likewise, it is common to differentiate patents based on the object claimed. On the one hand, there are so-called “product patents”, which grant exclusive rights to a physical product, i.e., to the invention of a specific element that solves a specific need. On the other hand, there are so-called “method patents”, which grant exclusive rights to a method (a series of steps) to reach the product that solves a need. In fact, it is possible for another person skilled in the art to reach the same product via a different method. This is why it is important for there to be a distinction between the two types of patent. In both cases, the invention can be pure (that is, completely novel and original), or it can be a novel combination of known means.
In any case, regardless of the patent classification, the reality is that they all share a high degree of specialized terminology that translators must know and master in order to produce quality translations. In addition to the terminology associated with each specialty, patent texts are linked to a complex set of terms and expressions that, within the profession, has led to them being considered a different language: patentese. This is due to the fact that each jurisdiction has its own legal proceedings for the specifications, in which unnatural and artificial drafting styles containing archaic expressions are used. However, in the world today it is essential to be able to precisely express a specific idea, since ambiguities can lead to failings in the procedure or in the scope of protection. This is why intellectual protection has developed its own language.
At Montero Language Services, we always work with professionals who are experts in the intellectual property sector, who know the technical language needs of these procedures and, of course, achieve the highest quality in all their translations.
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