Two new translation tools are going a long way in improving global patent systems. One could make Chinese patent searches easier for non-Chinese speakers. The other could move the dream of a unified European patent closer to fruition.

China's new translation tool makes patent searches easier.

China has become the fifth largest patent office in the world and is now among the top ten countries in number of patent applications filed last year. But this rapid growth in patenting has raised concerns among US and European patent officials that speakers of English and other European languages will be unable to find prior art in the Chinese language.

Now, the State Intellectual Property Office of China (SIPO) has launched a free fully automatic online Chinese-English MT service for patent information searchers. The Chinese-to-English translation engine was developed by SIPO and its subsidiary, the China Patent Information Center (CPIC), and allows English language searching for the bibliographic data and abstracts of the published Chinese patent documents. On-the-fly machine English translation results of the full searched texts (claims, specifications) of inventions and utility models will be provided as a helpful way for browsing Chinese patent documents. The machine translation tool involves:

• A method oriented to actual Chinese patent documents, providing a solution to both patent-specific linguistic issues and the requirements of linguistic rules and increasing comprehension of translated Chinese patent information
• A terminology database covering practically all technical fields, enabling the translation engine to adapt to patent documents with a wide range of specialties and terminologies
• A system architecture that’s seamlessly integrated with an existing retrieval system, and with the mechanism to function as a Web service

A translation breakthrough that could remove one of the sticking points among EU member states.

One of the biggest barriers to the concept of an EU community patent, which would allow individuals and companies to obtain a single patent throughout the European Union, is the high translation and litigation costs. EU member states speak in 23 languages and costs related to translation and to working disputes through different national legal systems make patenting an invention in Europe so expensive that it creates a significant barrier to research and innovation. The cost of translating a European patent into just one other language is €1,400 - not including the time lost while waiting for translations to be completed. 

Now, the latest idea to resolve the problem involves using machine translations, already available in German, Spanish and French at the EPO. It has been reported that the translation tools would include databases of several million standardized technical terms, which would be translated into all EU languages. Translations could be delivered in about 45 seconds.

The proposal ensures equal treatment by providing machine translations for all 23 languages. However, implementation could take several years and cost at least €2 million. Existing technology would also have to be improved to deliver the required accuracy – apparently, current technological constraints limit the ability of machines to produce word-perfect translations. Also, the translations will be for information purposes only, and would not be legally binding.

Still, with all these drawbacks – as well as vocal opposition presumably from individuals and groups who make their living from translation – it is expected that EU members will try harder to build on this positive development to finally make the community patent a reality.

The London Agreement: An Effective Method of Cutting Down Post-Grant Translation Costs

According to the European Patent Office, the London Agreement, adopted by key contracting states to the EPC in October 2000 and entered into force inn May 2008, aims to reduce costs by introducing a cost-effective post-grant translation regime for all European patents. To this end, the states that are party to the agreement have agreed to waive – entirely or largely – the requirement for translations of already granted patents in their national language.

States having a national language in common with one of the official languages of the EPO, such as France, Germany, the United Kingdom and Switzerland, have dispensed entirely with translation requirements. On the other hand, states having no national language in common with one of the official languages of the EPO have the right to require that a translation of the claims of the patent – which are much shorter in length – into one of their official languages be supplied. The Netherlands, Sweden and Denmark, for instance, thus require that the claims of the European patent be supplied in Dutch, Swedish and Danish respectively. These states require that the European patent specification be available or supplied in English.

Four Ways the London Agreement Improves the European Patent System

Patent holders are spared the high costs relating to the translation of European patents, resulting in:

• Significant savings in translation costs
• No publication fees for translations
• Reduced patent attorney fees
• An inclusive solution - three languages instead of single-language solutions like "English only"

The translation solutions in China and Europe, imperfect as they are, will go a long way in preparing these countries to compete in today’s global environment.