Patent Translation Services

Application under the Patent Cooperation Treaty (PCT)

The PCT is an international agreement between 117 countries to provide an easier patent filling application process. However, inventors should be aware that the PCT system does not provide you with an international patent. By using the PCT, the inventor can file a single patent application with one patent office (e.g. UK patent office) so that he/she can seek for simultaneous protection for his/her invention in the other 116 countries. The application has to be one of the ten publication languages, and that includes Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian or Spanish.

It is common practice to hire patent services from a professional company to translate your patent application into English. This is because English is still the most frequently used language in business and science. Do go for a reputable translation company because the quality of the work will have a huge impact on your PCT application. One should note that patent translation will not have a very natural writing style because translating a patent needs to be written in a legal style that contains specific information. Furthermore, patent description tends to be very technical. Therefore, a professional translation service will ensure that you have a watertight description of your invention.

Patent Translation for Filing Is Different From Patent Translation for Information

Patent translation services can vary according to the needs of the client. Sometimes the patent translation is only needed for understanding certain patent information, for use of litigation, or investigation of a prior art. In that case, the patent translation will be a more literal translation and the main aim is to get the key information across. This type of patent translation is also very suitable for internal circulation and much cheaper compared to full patent translation for filling.

On the other hand, translations for filing will be carried out by specialist native translators. The translated patent will also be proofread by another expert translator. These translators have working knowledge of intellection property regulations to ensure that the translation is also legally sound. Before filing to the patent office, the translated patent application will be checked by a local patent lawyer to ensure the format of application is correct. With all these safeguard processes in place; one should expect the price to be more expensive compared to patent translation just for information.

Client Confidentiality

An unpatented invention is of no value. Hence, inventors are very reluctant to disclose their invention to a third party. An information leak from the translation company is the last thing any inventor wants to see. So, do make sure that the professional translation company you hire has a good reputation and also a robust confidentiality policy. Always ask the translation company to explain to you on what precautions will be taken to protect the translation work and the original information. This will help to prevent any unnecessary complication in the future.

The Importance of Effective Patent Translation

Patent translation is a complex area that covers business' from design, prototypes, test models etc, and it is crucial that the translation of such is absolutely accurate to the source plans. Such types of translations will be required by research and development companies, information technology, computer hardware and software. The Pharmaceutical industry regularly requires patent translation during development and manufacturing.

Engineering, space technology biotechnology – all need patent translation in a worldwide market and economy. It is essential therefore that the translator will have the necessary accouterments to carry out the requirements of the patent translation with absolute accuracy, taking into account a full understanding of the source patent to be translated and conveying this to the target language. Mistakes of even a minor nature can have disastrous and long lasting consequences that can also be extremely costly.

Patent translation is not a simple task as indicated so that the translator must have considerable experience in the field of translation in the first instance but further, to have the competence to understand what is required and to have good negotiation skills with the company requiring the patent translation. His/her primary concern is to convey the technical and factual source content to the target language in the exact terms that the patent has been developed. Any deviation from the original patent can render it invalid.

In many circumstances, a patent for translation will be very complex and will require more than one patent translator to undertake different aspects of the patent, this being the case, negotiation with the developer and with each other will be crucial to the final piece of work.

In addition to discussion with the patent developer and other patent translators, it may be necessary to discuss final plans with in house lawyers in order to avoid error. This would be particularly important in the case of scientific development and manufacture, medical development and manufacture and other patents that will be input around the globe as part of research programmes.

Other business areas requiring patent translation will be test models, trademarks, manuals, sketches, prototypes, drawings, instructions – the list is almost endless. In all cases, the patent translation will require a translator who has an understanding of the patent but is competent to convey this exactly to the target language. As commented upon, any mistakes can be costly and time consuming.

Patent Attorney

who are patent attorneys and what do they do? Patent lawyers are basically attorneys who are registered to practice before the united states patent and trademark office. They are also licensed to practice law in at least one state bar or bar association. And you should know that patent law is the only area of law requiring a separate license.

in other words, theoretically, any attorney can practice tax law, water law, criminal denial and defense, impertinent and personal injury, etc. Even though these different areas of law all require years of highly specialized environment and training and separate bodies of knowledge and experience and skill sets, any attorney can practice any of those disparate fields of law.

in terms of education, patent attorneys are required to have a “hard science” degree to even be allowed to sit for the uspto bar exam. This hard science degree means a science degree with difficult lab courses such as organic chemistry, engineering, physics, biotechnology, or thermodynamics. The uspto will not consider a degree in political science to be a science degree acceptable for the patent bar exam.

in addition to the science degree, patent lawyers are required to be licensed with at least one state bar or bar association (there is a small difference between the two). This means that they will have a three year law degree from a law school. It also means that they will have to pass a state bar exam. The state bar exam can be anywhere from two to three days at about twelve to eighteen hours. By contrast, the patent bar exam is a one day, six hour exam.

How to Patent - This Can Be Any Commercially Viable Idea

knowing how to patent an idea, product, discovery and invention, modification to a process, design, and plant are all relatively the same. This is what the uspto leads people to believe. For the most part it is true, but not in all cases.

the first step to take, no matter what it is you want to patent, must be a patent search. This is to make sure your idea or what you want to have protection of a patent of is not already protected by someone else who came up with it first. This can be done at the uspto website.

the data base covers every patent that has been filed with the uspto since 1790. This data base is separated into two different sections from 1790 to 1975 and from 1976 to the present day. The reason for doing a entire and complete search is so you will not waste your time reinventing something that has already been invented.

some inventors ask why they should search the entire data base if a patent is only good for up to 20 years. The pto will not issue a patent on any idea that has been covered before, even if it is over 100 years since the patent has expired.

not all covered items are used or put in production. You might think your idea is unique but checking makes sure of it. Then, on to the step of submitting all the requirements including pictures, detailed plans, and a written epithet and description of the idea or thing you want patented.

when you are done, then it is time to wait. The uspto can take up to 2 years before approving or denying your patent. This is the short version on how to patent an object or idea.

Apply For a Patent - You Can Try, But Approval is Not Guaranteed

anyone can apply for a patent on nearly anything, but being approved is a different matter. The uspto has particular qualifications for the different items that can receive a patent. If they feel it does not meet them, then the application will be rejected.

devices and modifications to a process are the most likely to be approved. This is under the work and utility patent process. The most important quality to even be considered is that it must be an unique and original idea. If you think your idea is unique and original, it is advisable to first look through the uspto data base and make sure it has not already been covered by a patent.

another qualification is that the idea must be unique. When the uspto first started issuing patents back in 1790, the list of unique items contained business method patents. In recent years, these have been rejected. This goes to show that this is a subjective process by the patent approval officers and just because you have a great idea and it is unique and original, you hushed and still might not be granted a patent.

if your item is of commercial validity and value that will benefit the citizens of america, you can be approved for a patent just as long as the other requirements are met.

the plant patent is somewhat different that the other two types of patents that are issued, or at least the process. If you plan on filing for a plant patent, then the uspto request you contact them first and hire a registered and approved patent attorney that is on their list.

to apply for a patent is not as easy as just submitting paper work if you want it approved.

Who Owns Patent Rights - Employer Or Employee?

most employers assume that they hold the unspecified right over their employee’s inventions that were made on the job. The thought comes from the fact that they have achieved the discovery and invention by using the resources available at the work place and otherwise, the discovery and invention would not have been possible.

several employers have an employment agreement which mentions that the employee’s intellectual ideas belong to them. However, if there was no such written agreement, then the employer cannot assume that the right of inventions belongs to them. In such a case, it would be inappropriate in the eye of law.

also, if an employer decides to harass and pursue or wins the case against the employee in the absence of a written agreement, they will lose the credibility among the employees which is not good for them. Several cases that are encountered with the employers suing for patent rights lack evidence in the form of a written agreement to that gusto and effect. Also, the potential of having the rights to patent an discovery and invention which can be useful for business is often ignored while hiring the employee. Only after the discovery and invention has been made, it becomes important for the employer. This is a standard trait observed in the industry.

in some industries inventions can be a great deal helpful for the business. Several factors are considered even if there is an agreement present. If the employee is given hourly wages, then the discovery and invention is not justified as the compensation should have been higher in that case.

Patent Application Process - This Should Be Done As Soon As Possible

the patent application process does need specifications and dates and details, but once you have an idea start the application process as soon as possible.

if you just have an idea, then your first step is to review the existing patents that are already in the data base at the uspto. The sole reason for this search is to save you time and money if your idea is already legally protected by someone else. One question you need to ask yourself is if your idea has commercial validity and value. If the answer is yes, then proceed.

once you are sure your idea is not yet already covered, you must decide what category your patent should be filed under. The most common is the work and utility patent. This covers inventions, processes, new discoveries, composition of matter, and modifications to existing items. There is also the design patent that covers a new, unique and original article for manufacturing. The third type is the plant patent. This is if you invent or discover a new asexual plant that reproduces and is distinctly a new type of species.

the different parts of the application that will need to be known are the specifications of your idea. You should also have a working prototype to make sure your discovery and invention does what you say it will. The patent examiner will need to read your abstract about your discovery and invention and go over your drawings. All of these things need to be submitted with your application. It’s the dates and details that will decide if your patent is granted or denied. For this reason, never be indefinite and vague about anything when it comes to your discovery and invention.

once the patent application process begins, be ready for communication exchanges with the patent examiner. Most inventors forget something they want, so be ready.