What is patent translation? Your guide to global IP protection

Patents protect your intellectual property (IP)—but only in the country where they’re filed.

Each country has a separate patent system, and the patents it grants can only be enforced within its jurisdiction. To protect IP across the globe, businesses must submit new applications for each market. But first, they need a viable patent translation.

This guide will explore how patent translation secures your organization’s IP across global markets, explain the process, and discuss translation technology companies, like Smartling, that help businesses navigate this process.

What is patent translation, and why is it important?

Patent translation converts patent documents from one language to another while preserving legal and technical accuracy. This process is essential for businesses expanding into new global markets, enabling them to file patents in foreign jurisdictions and protect their IP internationally.

Errors in foreign patent translation can compromise legal enforceability and lead to rejection or costly disputes. Effective patent translation requires the following expertise: 

• Technical expertise in the company’s field
• Knowledge of filing requirements in the target country
• Proficiency in legal terminology

Beyond the risk of rejection, inaccurate translations can also create legal loopholes that allow competitors to challenge or circumvent patent protections. Precise translation upholds the original patent’s legal intent while adapting it to new jurisdictions.

Can I use machine translation to adapt patents?

Machine translation can help streamline patent translation. With that being said, due to the sensitive nature of legal translation and complexities of legal structures, a level of human oversight might be necessary to ensure your translated patents are in compliance with your target locale’s legal system.  

Linguistic resources like glossaries and style guides can help AI translation workflows deliver highly accurate outputs that take domain-specific terminology and linguistic nuances into account. These translations can then be carefully reviewed by specialized legal translators to ensure accuracy. This process is called Machine Translation Post-Editing (MTPE). 

With Smartling, organizations can translate patents and related legal documents within a secure translation management system and with the help of specialized legal translation services that deliver accurate, reliable results while safeguarding your confidential information. 

Types of patent translation

There are two primary types of patent translation: filing translations and informational translations.

Patent filing translations

A patent filing translation is a legally binding document submitted to patent offices in different countries. This is your official record in the application process, meant to be viewed by legal professionals, patent officials, and patent licensees. Accuracy is vital for patent filing translations, as errors can lead to rejection or legal challenges.

Each jurisdiction has unique legal and technical requirements, so patent filing translations must conform to the relevant patent office’s guidelines. Translators must adhere to the terminology and formatting standards of organizations like the WIPO (World Intellectual Property Organization) and EPO (European Patent Office). Some countries require exact word-for-word translations, whereas others permit adapted versions that align with local patent laws.

Informational patent translations

An informational patent translation is used for research, litigation preparation, or technical reference rather than legal submission. It helps businesses understand the contents of patents that have already been filed so they can monitor competitors and check for potential infringements.

Informational translations are often intended for internal use and prioritize readability over strict adherence to official structures. Although they still demand accuracy, they may be less detailed and precise than a patent filing translation.

Should your business hire a patent translation agency?

Patent translation is a specialized field that requires a deep understanding of technology and the law. Some businesses use in-house translators or general translation services, but these options may lack the necessary expertise.

Improper technical patent translation can cause significant delays in securing international patent rights, leading to potential revenue loss and a weakened market position. Mistakes could result in rejection, legal complications, or even the loss of IP rights in new markets. 

Professional patent translation services minimize these risks. Here’s what to look for:

• Legal proficiency: Each country has a unique patent system and filing requirements. Seek out patent application translation companies with extensive experience in your target country.
• Industry expertise: Choose translators that specialize in your industry. Patent documents often contain highly technical language that a general translator may struggle to understand and convey. Smartling legal document translators possess specialized experience in the legal document types relevant for their assigned projects. Additionally, all linguists are thoroughly trained in client-specific procedures and policies, while performance tracking ensures consistent adherence to these standards.
• Quality assurance: Precision is crucial in patent translation, and mistakes can be costly. A rigorous review process ensures accurate and consistent results across international borders.
• Confidentiality measures: Patent documents contain trade secrets and intellectual property. Translation of sensitive content requires robust confidentiality measures to prevent the exposure of sensitive information. Smartling linguists undergo rigorous vetting and testing processes to ensure the safety of your confidential information
• Technology integration: AI-driven tools streamline the translation process, delivering significant speed and cost-savings. Some translation management systems, like Smartling, integrate directly with your existing technology, allowing you to easily send content for translation. 

Professional patent translation agencies and companies with translator networks like Smartling employ qualified experts who can help you simplify the translation process—letting you focus on the complex demands of legal work. These agencies can also offer broad assistance as you navigate the intricacies of international patent law, reducing the risk of costly rejections or disputes.

Smartling’s legal translation services help global businesses translate patents, contracts, court transcripts, and other critical legal documents with a secure platform and specialized translator network.

How much does patent translation cost?

The cost of patent translation services depends on several factors:

• Industry specialization: Fields like software development and healthcare often involve complex ideas and terminology. Patents for specialized industries require a translator with subject-matter expertise, which generally adds costs.
• Translation method: Human translation services typically cost $0.20–0.30 per word for public-facing content; patent translation rates may be considerably higher. Machine translation costs a fraction of a penny per word but may require additional human review to ensure accuracy and legal compliance in your target locale.
• Language combination: Translation between widely spoken language pairs, such as English and Spanish, is relatively inexpensive. Conversely, rare language pairs may cost more due to a scarcity of qualified translators.
• Certification: Additional fees may apply if the patent translation requires notarization or legal certification.
• Urgency: As with many other services, expedited turnaround times for patent translation often command a higher price tag.

Translation rates are generally calculated per word, although per-character, per-page, and per-hour rates are also common. Certified patent translations are typically billed by the page.

Patent translation cost-saving tips

No matter what type of patent translation your business requires, these strategies can control the costs:

• Build your translation memory: Most translation management systems allow you to build translation memory, a database of previously approved translations. Translation from scratch can be time-consuming, so repeatedly translating exact match phrases drives up the project's cost. At Smartling, you can reuse strings from your translation memory without added costs. With previously translated strings removed from the scope, your overall translation costs can significantly decrease.
• Choose a hybrid approach: Human translations are highly accurate but can be expensive for large projects. Machine translation is more affordable, but additional human review might be required to ensure accuracy and legal compliance.

AI-powered human translation (AIHT) offers the best of both worlds—human quality translations, delivered quickly, and starting at only $0.12 per word.

Ensure accurate patent translation with Smartling

Accurate patent translation is essential for protecting businesses’ intellectual property in international markets. It ensures IP rights are recognized and enforceable. The best patent translation services provide high-quality results backed by industry knowledge. Precise language and technical expertise prevent disputes and strengthen global patent rights.

Want to learn more about choosing the right translation solution for your global expansion needs? Download a copy of “What To Look for in a Translation Solution: A Buyer’s Guide” today. This free eBook is packed with essential insights for optimal results, including features to look for and questions to ask. You’ll find a translation solution that scales with your business.