This is a guide to translating the language of patents and how to avoid costly translation errors, errors which might hinder the examination process for granting patents, or that might make patents undefendable in a context of litigation. The identified provisions of law govern language uses, right down to the use of punctuation.
The 42 sections of this book each identify different provisions of the law for their relevance to translation. Each of the sections present findings, both in terms of the relevant provisions identified, and their specific significance to translation. Exemplified translations focus on French and English, but when there is a consensus across Intellectual property systems, multilingual parallelism is highlighted. Wherever relevant, provisions of specific rules and regulations are presented and exemplified in the three official languages of the European Patent Office (EPO), English, French and German and the three official languages of the United Nations World Intellectual Property Organization (WIPO), English, French and Spanish.
Written by an experienced teacher, patent translator and author of the blog, "Patents on the Soles of Your Shoes", this is a rigorously researched, authoritative and comprehensive guide for all students and translators working in legal translation. Accompanying e-resources are available on the Routledge Translation studies portal (routledgetranslationstudiesportal.com) including information on how to use this book in courses.
List of Figures
List of Tables
Preface
Acknowledgements
List of acronyms and abbreviations
Corpus of laws, rules, regulations, international agreements and administrative instructions
What is a patent?
When is a patent?
What does a patent do?
When is a patent a source text for translation?
The Person Having Ordinary Skill In The Art (PHOSITA)
Prior art
International Search Report (ISR)
Internationally agreed Numbers for the Identification of bibliographic Data (INID) Codes
Title of the invention (code 5$)
Grantee, holder, assignee, or owner of a patent (code 7#)
Patent application
Disclosure of the invention
Global consensus on disclosing inventions
Language uses invoked to perform the requirements of rules and regulations
Enablement requirement
Embodiment versus example
Best mode requirement
The claims section
Single Sentence Rule (SSR)
Direct object function
Claim structure
Transitional verbs comprising versus consisting of “comprenant“ vs. “constituer de“ (FR) - "umfassen" gegenüber "bestehen aus“ (DE) -“que comprende“ vs. “consistente en” (ES)
Claims recitation rules: Backward only and in the alternative
Antecedence and ascertainability of claims terminology
Plain meaning
The Lexicographer Rule
Format, numbering, spacing, and fonts
Representation of recited claims: Claims tree function at Espacenet
Abstract of the invention
Patent drawings
Design versus utility patents
Plant patents
Units of measurement
The literal translation requirement
Patent translations filed at the United States Patent and Trademark Office
Patent translations filed at the European Patent Office
Patent translations filed at the World Intellectual Property Organization
Patent search tools at the World Intellectual Property Organization
Patent search tools at the European Patent Office
Patent Public Search portal at the United States Patent and Trademark Office
Patent-related bioethical controversies
Appendix I - Instructions for obtaining CombiNumerals circled font for INID Codes.
Appendix II - Cited patents.
Appendix III - European patent dataset.
Appendix IV - Cited US Code, rules, regulations, and administrative instructions.
Appendix V - Cited EPO Convention rules, guidelines, and administrative instructions.
Appendix VI - Cited WIPO Treaty rules, standards, regulations, guidelines, and administrative instructions.
References
Index
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