If you plan on filing a patent, or if you’re involved in patent litigation issues, you should also familiarize yourself with patent translation.
Translations of patents are used by the majority of patent practitioners, but risks arise from inaccurate translations.
Find out what patent translations are used for and how to minimize legal risks.
Patent Translations & Prompt Filing
When you’re filing a patent, any required translations should be done immediately — there is a limited amount of time in which an inventor or company can file for patent rights in another country.
However, speed alone will not preserve your patent.
Patent translations must be performed both quickly and accurately. A poor translation can result in a party believing that a foreign patent is not similar to other patents, and therefore poses no threat.
Once patent translations are found to be faulty, it may be too late — or, if it moves to legal proceedings, a company with superior patent translations may end up with the law on its side.
Patents can also be found unenforceable in court if the examiner is not provided with reliable patent translations.
Patent Translations & Litigation Risks
International patent cases can easily encompass several thousands of pages of documents that would need to be translated quickly and accurately.
In this scenario, many people would be tempted to seek out patent translations from a company that promises the fastest turnaround time. However, it’s important to keep in mind that in patent litigation, inaccurate or poorly done patent translations are very likely to be exposed and will seriously hurt the company’s case.
It is safe to assume that patent translations done by a low-bidding company in an extremely short amount of time will be less than accurate. If patent translations are contested, the translators’ authority as expert witnesses may also be contested.
Minimizing Risks with Patent Translations
Unfortunately, many do not have the time or the budget to allow for the most reliable patent translations when preparing for filing or litigation.
One solution is to identify the documents most vital to your case and spend incrementally more time and money on those particular papers. A machine or informational translation enables lawyers to determine which documents require in-depth translations, and which ones are not essential to the case.
Understanding the particular risks for your case can help you take cost-cutting measures with more ease and protect the integrity of your patent translations.
If you require patent translation or other litigation support services, contact Legal Language today.