The obvious solution is an EU patent that would be legally binding in all EU member states, and require minimal or no translation. That has long been a dream of European officials, but disagreements about language and other issues have prevented the EU patent from coming into being.

Now the European Commission is proposing a compromise that would allow European patents to be submitted to the EPO in just one of the office’s official languages – French, German, or English. The claims would still have to be translated into the other two languages, which is line with the current reality. In case of litigation, the patent holder would have to provide a full translation into the language where the infringement process is taking place. Most patent applications in Europe are already filed in English, and French and German are the next most common languages, so the time and cost of translating patents for Europe would be drastically reduced.

Unfortunately it doesn’t look like this regulation is going to pass anytime soon. Spain and Italy are strongly opposed to having their languages dropped, and several other European countries are also against it. EU officials predict heated discussions in the coming months as they seek a compromise solution that all 27 EU members are willing to sign up for. Morningside will continue monitoring the situation and update our readers on developments.

There are plenty of English words whose foreign origin is quite obvious. We can guess where chauffeur, angst, and desperado come from (French, German, and Spanish). But many words that sound like “classic” English also have a foreign origin, and the origin is not necessarily European or even Indo-European–you have probably used a few words today that come from languages that many of us have never heard of. Here are a few examples:

• Ketchup – The word comes from Amoy, a Chinese dialect, where it meant the brine of pickled fish.
• Barbecue – The quintessential American cooking tradition, BBQ actually comes from Carib, a language spoken in northern South America and the Caribbean.
• Sugar & Candy – These sweet words come from Sanskrit, the ancient Hindu language of Northern India.
• Husband – The word comes from Old Norse, the extinct language of the Vikings, where it meant “master of the house.” In modern American usage, it often means the exact opposite.
• Pal – The word comes from Romany, the Gypsy language, where it means brother or comrade.
• Tank – As in water tank. The word comes from Gujarati, a language spoken in India.

Morningside is a translation service which delivers top quality translations since we are a translation company that insists on reviewing each and every single legal translation or technical translation that is delivered to our clients.

Reviewing a technical translation or a legal translation requires not only a cursory review of the completed language translation, but also requires further layers of review.  As a translation company, we strive to ensure the review of the technical translation, legal translation, or patent translation that our client receives includes layers of review.

These layers of review include but are not limited to, review of language, review of specific terminology to ensure consistency, review of dialect, and review of spelling.  While there are other areas of review which we take care of, at the end of the day all of these measures are what makes Morningside your choice for a translation service or translation company.

Whether your needs include a document translation, legal translation, technical translation, patent translation, or document review, Morningside can assist you and provide you with a top quality translation and we ensure that the following time you are seeking a translation service or translation company, you will look to Morningside for their translation and review expertise.

Whether you are the Chief Patent Counsel for a Fortune 500 biotech company, or a patent attorney representing clients with a very limited patent portfolio, evaluating your patent translation costs related to overseas patent prosecution could make a significant difference in your–or your client’s–bottom line.

Chances are you or your outside counsel currently relies on foreign associates to handle both the translation and the national phase filing of the application. Many patent groups have never seriously considered the possibility of “unbundling” these services and using a separate vendor for the patent translation. Certainly there are a number of advantages to the status quo approach. For law firms, reciprocity is important, and providing your foreign associates with more business—including translation business—helps your firm get more business in return. For busy and often under-staffed in-house patent groups, dealing with one foreign patent firm as a “one-stop-shop” for both translating and filing a patent in a given country appears easier and more convenient. For the foreign associates, the status quo is also ideal, since the high fees they charge for translating the patent is an important revenue stream.

But this convenience could be far more expensive than you realize. Given limited patent budgets, cuts that are not made in translation costs could lead to other reductions that are far riskier: the outsourcing of patent drafting work, a reduction in the number of countries you file in, or the use of less accurate machine translations to translate prior arts that are critical in understanding the patentability of an application that is being drafted.

There are several options for companies that want to reduce their patent translation costs related to filing. The most obvious option—one that is becoming far more common—is filing your patent only in countries where the filing language is English. That means filing in the United States, Canada, India, Australia, Israel, and the EPO (though claims need to be translated into French and German), and several other important markets without incurring any translation costs at all. Certainly, this strategy will significantly reduce the overall cost of filing a specific patent. But of course it also means that your or your client’s invention will not be protected in several major world economies and economic blocs: Brazil, China, Japan, Russia, Latin America, and the Gulf States, to name but a few.

Another option to reducing patent translation costs is focusing on regional blocs where one translation will cover multiple countries. For example, translating your patent into Arabic will allow you to file with the GCC (Gulf Cooperation Council), which includes Saudi Arabia, Kuwait, Qatar, and the UAE. That same Arabic translation (with minor modifications) can also be used to file in Egypt.

Finally, another strategy that is worth considering is turning to a patent translation firm—like Morningside—with proven expertise in translating patent applications. Once the patent translation is completed and returned, you can submit it directly to your foreign associates for filing. Depending on the number of countries where you file, the savings can be very substantial. For example, one of our clients estimated that they would save over $500,000 a year on their filings by using our services for the translation work, and relying on their foreign associates for the filing work only. By saving on translations, they have been able to avoid other cuts in their patent budget and improve their overall bottom line.

We will have more to say about the process of switching from foreign associates for patent translation work in a future posting.

But first a quick note about translation firms. While most American firms employ experienced, certified translators, only a small number of these firms specialize in patent translations. And even fewer utilize native language translators in the target countries with the technical and linguistic background to handle a complex nanotech or biological patent.

But even that is not sufficient. Even the best translators, editors, and project managers probably do not have the necessary legal and technical knowledge to guarantee the most accurate translation possible. It takes a patent lawyer with significant expertise in his country’s patent laws and a grasp of legal nuances related to a patent’s claims. That is why Morningside partners with patent firms in the target countries and relies on native language patent attorneys to oversee the translation process, and carefully edit and proofread the translated application. We believe that it takes a patent lawyer, and most of the patent lawyers that we are pleased to count among our clients believe it does too.

Compromising on patent translation costs should not entail compromising on quality. And one aspect of quality you should absolutely not compromise on is ensuring that your translated applications are carefully reviewed by a patent attorney in the target country before they are filed.