Intellectual Property Translations: What is Intellectual Property?
Intellectual property translations are an important step in acquiring legal protection for an enterprise’s valuable intellectual property (IP). This type of protection is usually obtained in the form of a patent.
Intellectual property is a product or idea that has been created by someone that could be considered a breakthrough, or original. This includes:
- Industrial Design Rights
- Trade Secrets
Patents are extended to protect the rights of the inventor so they can exclusively make, use and sell their invention. The invention qualifies as a solution to a certain technological problem, such as a product or process.
Recently, the practice of patents has come under attack, thanks to excessive lawsuits and the existence of shell companies. However, patents have served an important purpose since patent laws were first put into place in the United States and Europe. As a technology-driven nation, the United States has an economy that rests on intellectual property and patents.
Patents: A Modern Necessity
Intellectual property typically provides the majority of income for larger companies, such as the Global 500. These companies need patents to protect their many products and solutions, but they also require international IP translation so their products can receive legal protection on the global market. Global 500 companies requiring patents include enterprises like:
- Technological corporations
- Medical production enterprises
- Automotive companies
Any company has the potential to benefit from holding a patent. Although it costs money to apply for a patent, patents can cover research and development costs. Patents promote creativity and growth in the economy, encouraging competition between different enterprises. In the United States alone, the worth of intellectual property is valued at $5 trillion and creates employment for 18 million American workers. Worldwide, 55 million workers are employed by IP-intensive industries.
International Patent Organizations
While the benefits of patents are attractive, there’s an important process to follow to receive a patent. It all depends on the type of market that the product or solution is sold on. For local products, the United States Patent & Trademark Office is sufficient. However, if a product is going to be sold in the global market, it is important to submit an application to one or both of the following:
- World Intellectual Property Organization (WIPO) – WIPO has a membership of 146 different countries. With this many different nationalities, intellectual property translation becomes essential to maintain the integrity of the patent across multiple languages.
- European Patent Organization (EPO) – The EPO is the European Union’s organization for patents, which includes 35 different member states within the EU. IP translations are a necessary part of the patent application process with the EU.
The Process for Intellectual Property Filings
Global enterprises often have to make difficult decisions on where they should market their new solutions. Much of this depends on how much of a demand there will be for a product, and therefore, how much protection it will need.
Piracy is a far-flung problem, but there are certain countries where it is more prevalent. This will factor into decisions on filing locations. Some companies may choose to market their products exclusively in the European market, while others wish to target an Asian audience. Whatever the case, it’s important for enterprises to plan ahead to determine where to file their patents.
While there are two pathways for filing international intellectual property rights, these pathways are not mutually exclusive. A company filing with the EPO can also file with the WIPO, and vice versa. These organizations simply make it easier to file with multiple countries and can also provide advice on which countries may benefit from a product the most.
1. Application – This is the application stating that an enterprise wishes to file for a patent in the EU.
2. Notice of Intention to Grant – After the enterprise turns in their application, the EPO will give their Notice of Intention to Grant, which allows four months for the claim to be submitted.
3. IP Translations – At this point, translation of the original patent must be performed so that each country will be able to correctly interpret the terms of the patent. Although it could be argued global IP translation services could be performed by a machine, the precision required for patent translation is better performed by a human translator.
4. Validation – The claims are then validated in each of the individual countries desired for the patent.
PCT Pathway (Through WIPO)
1. Application – A priority application is filed, which essentially serves as a placeholder for an actual patent application. Then a PCT application is filed that reserves the company’s right to enter over 140 countries to complete the filing process.
2. WIPO’s Report – WIPO returns an international search report and written opinion. This cross-references whether the invention will be patented in which countries. The applicant is allowed to file in any country, but it’s best to do so based on WIPO’s recommendation.
3. Global IP Translation – Having a third party perform international IP translation services is most likely the least expensive and least messy option in order to do the translation portion of the application process. Although enterprises have the option to file in 140 different countries, translation could limit which countries are actually applied to.
4. National Filings – Once the patent is translated, enterprises begin filing patents on an individual basis for each country.
The Importance of IP Translation
No matter what filing pathway a corporation uses, patent translation is essential to the submission process. The most successful global enterprises understand that finding the right IP translation service provider is critical to a solution’s success.
Intellectual property services like translation determine the level of strength a patent is given. Language defines the law in every nation, which means that the language used in a patent can be an enterprise’s greatest ally or its worst flaw. Employing global intellectual property translation services helps to protect a corporation’s solutions, intellectual property and assets from exploitation.
Intellectual Property Translation Company: MultiLing
MultiLing is an international intellectual property translation services company that developed and drives best practices for foreign patent filings, which include in-country native linguists, scientists, engineers and legal specialists who interact through processes and technologies that increase quality, consistency and on-time delivery at a fair value.
As a global IP translation company, MultiLing invests in technologies for translation services, project management, and desktop publishing. This helps with:
- Increasing patent filings
- Decreasing office actions
- Reducing invalidation risk
- Decreasing time to grant
- Improving translation quality
- Reducing errors
With quality IP translation services, MultiLing will employ company standards and quality control to ensure that the translation retains the integrity of the original patent.
Contact MultiLing for a Bid on Your Intellectual Properties Translation
With best practices developed over decades and won the trust of global enterprises like IBM and Procter & Gamble, MultiLing offers the leading patent translation services, providing accurate and timely intellectual property translations.
Contact us today for a bid on your next patent translation project.