The Linguist

@CIOL_Linguists WINTER 2023 The Linguist 27 FEATURES repetition may seem minor in each translation, its cumulative effect is significant, especially for extensive translation projects that can cost millions. For example, a company developing a new technology for electric vehicle batteries may file a group of patents, each one covering an incremental improvement of novel battery technology. The text across these patents may be full of repeated text, which can be captured by TM tools. TMs also ensure terminology consistency, especially when multiple translators are involved. A suite of computer-assisted translation (CAT) tools preserves formatting codes and layout information, which is a quick way of ensuring the text mirrors the source document. However, even when CAT tools, TMs and machine translation combine, terminology inconsistencies are among the most common errors. Human input is crucial. The subtleties of meaning ascribed to terms in the context of patents require a depth of understanding on the translator's part. Expressions such as 'in a direction', 'parallel' and 'comprising' encompass contextual nuances that must be meticulously preserved. Complexities such as the non-limiting nature of terminology complicate the challenge, as they can impact the interpretation of patent claims. An example is using 'comprising' versus 'consisting of'. In a patent claim, the former is an open- ended term while the latter is a closed-ended term that excludes anything not mentioned after 'consisting of'. Linguistic subtleties This complexity is particularly evident when translating between Roman and non-Roman languages or text with opposing directions, for example Arabic and English. If we look at the Middle East, the demand for patent translation has surged alongside the globalisation of new ideas and products, with a 3,000% rise in US utility patent grants in Arabic-speaking countries over the past 20 years. Minor formatting errors, such as those easily arising from incorrect right-to-left formatting, are a latent risk to WITHIN THE LAW The translation of soft gel capsules (above) as 'half- liquid' was a costly error; and (below) lawyers may exploit ambiguities in poorly translated patents the viability of companies' international patent portfolios. While text in Arabic is written from right to left, numbers are read from left to right, making incorrectly formatted figures and claim numbers a real concern. Ambiguities can arise, leading to misconceptions that may be exploited to challenge a patent's validity. Chemical compounds are particularly problematic in Arabic translation. Unlike English, Arabic does not have capital letters, so 'CO' ('carbon monoxide') and 'Co' ('Cobalt') could be confused in the target text. International nomenclature can be followed, but to avoid ambiguity the safest solution might be to spell out the compound name in Arabic. It is at the discretion of the (human) editor to make the best choices in the patent translation process. Another potential pitfall arises from the fact that some languages have multiple terms to describe similar items, while other languages have fewer terms. A translator with expertise in engineering will know when to use Laufblatt, Leitschaufel, Rotorblatt or Turbinenflügel for the English terms 'rotor blade' and 'vane', while MT will get mixed up. To streamline the translation process, many companies are striving to integrate translation with patent filing, which reduces the administrative burden and simplifies invoicing. Consequently, some translation firms are collaborating with patent agents to manage both the translation and the filing aspects of the process. Patent laws are vital to global economic growth and human innovation. Patent translation is a constantly evolving domain where languages bridge the gap between innovation and global outreach. It safeguards inventions and ensures that the brilliance sparked by innovation shines across borders, and the translator will continue to play a very important role in this process. Notes 1 'Obviousness' in this context is a legal conclusion based on aspects such as the scope and content of the prior art, and differences between the claimed invention and the prior art. © PEXELS © SHUTTERSTOCK

• Cover