A patent text is the document in which legal and technical language are most tightly combined. A drift in a term in translation can narrow the scope of protection or cripple the application.
The sections of the document
The description explains the invention, the claims draw the scope of protection, the abstract is for searching, and the drawings support the explanation. Each section has a different function.
The claims are the most critical section
The scope of protection is determined by the claims. Every word used in the claims draws a boundary; replacing one with a synonym is not accepted.
Independent and dependent claims
An independent claim defines the essence of the invention; dependent claims add further features to it. The dependency is established by numbers, and the numbers are preserved.
Consistency of terms
Whatever name a component is given in the description, it goes by the same name in the claims. A difference leads to their being taken for two separate components.
Reference signs
The numbers in the drawings are cited in brackets in the text. If this matching is broken, the reader cannot work out which part is meant.
The state of the art
Earlier solutions and their shortcomings are described. This section positions the novelty of the invention and is carried over in full.
Object of the invention
The technical problem to be solved is set out clearly. A translation that widens or narrows the problem affects the assessment of novelty.
Embodiments
The concrete ways of carrying out the invention are described. The examples do not limit the scope of protection, but they satisfy the requirement of sufficient disclosure.
Dimensions and ranges
Numerical ranges are carried over as they are. No rounding is done; in the claims the limit of a range is directly the limit of protection.
Mood and certainty
The expressions "is preferred", "may be" and "is required" carry different degrees of binding force. Flattening the moods changes the scope of the claim.
The abstract section
The abstract is for information only and has no effect on the scope of protection. This character is preserved in translation; it is not written like a claim.
Time limits and the filing calendar
The time limits for entry into the national phase and for opposition are strict. The translation schedule is built around these time limits; a delay may lead to a loss of rights.
The consequence of a translation error
A translation error made in a patent text may narrow the scope of the application, but it cannot widen it. In most systems a later correction cannot go beyond the scope of the first text. For this reason a narrowing made in the first translation is a permanent loss of rights and cannot be repaired afterwards.
Glossary and earlier applications
The equivalents used in the same applicant's earlier patents are taken as the basis. Choosing a new equivalent creates the impression that the same technology is protected under two different names. Work does not begin until the terminology list of the earlier files has been requested from the client.
Text in the drawings
The text inside the boxes of flow charts and the axis labels are also within the scope of the translation. Drawings most often arrive in a non-editable format and require redrawing. This work is planned as a separate item, otherwise it is noticed on the day of delivery.
Limits on the abstract and the title
There is a character limit for the abstract and a requirement for the title to be descriptive. The title may not contain a brand name. Exceeding these limits in translation leads to the application being returned for a formal deficiency.