Legal Cases That Reveal the Need for Expert TranslatorsAn improper translation submitted to the USPTO might narrow the scope of the patent claim, because the mistranslation are going to specify an amendment to the patent document. we’ll look at two more court cases that emphasize the consequences of utilizing low-quality translations for lawful purposes. You may risk having your translation rejected during the court case due to a poor translation method or even questionable translator qualifications.You may also risk the invalidation of the patent claims due to the insufficient translation of a large chunk of prior art.
A vital claim in your patent might be invalidated because of an inadequate translation of a particular sentence in a sheet of prior art. For instance, in case of Mitsubishi Chem. Organization, et al. v Barr Laboratories, Incorporation and Pliva-Hrvatska D.O.O., the interpretation of the translation for a single sentence from a piece of prior art determined the validity of contested statements. A patent translation is more likely to be found reliable by the court if a documented quality process is followed to create the translation. In Mitsubishi case, the court just rejected the translations provided by the defendant due to errors that took place during the translation method.
A A court might reject a patent translation that isn’t created by a fully qualified translator with demonstrated credentials. In the case of On Demand Machine Corporation v. Ingram Businesses, et al. the court states that in order for the Japan application to be considered as prior art evidence by the court, it has got to be translated by a verifiably competent translator.
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