The Linguist

IBSA Institut Biochimique lost billions of dollars due to the translation of just one word in the patent of its Tirosint soft gel capsule. Translated as 'half liquid', the wording at the heart of the IBSA versus Teva Pharmaceuticals case was found to be indefinite, meaning the gel lost its unique category position. The original Italian patent filing description long preceded a US English patent application, and the differences in descriptive language between the two filings had a monumental impact. Semiliquido was translated into English using the loosely defined phrase 'half liquid' instead of 'semi-liquid'. During the appeal of the US District Court ruling in 2020, the Federal Circuit agreed with Teva's position that a person of ordinary skill in the art would not find the term clear and that using the descriptor 'half' instead of 'semi' implied a different meaning. 26 The Linguist Vol/62 No/4 thelinguist.uberflip.com FEATURES How international agreements, technology and demand are transforming patent translation. By Afaf and Matthias Steiert In today's dynamic world of global innovation, safeguarding intellectual property across international boundaries has become increasingly complex and essential. With an average of 5,000 patents filed each day, and more than 750 granted, the need for effective patent translation and management is more evident than ever. In the US alone, patents granted to foreign inventors have grown by nearly 10% annually over the last two decades. Due to distinct patent laws and application requirements in different countries, inventors must secure separate patents in each jurisdiction where they plan to manufacture, use or sell their products, or wherever they want to safeguard their intellectual property rights. The language used in patents adheres to strict intellectual property rules designed to eliminate any ambiguity that could potentially challenge the validity of patent claims. The precise interpretation of a patent's subject matter is crucial to avoid disputes regarding the novelty and obviousness 1 of an invention. This task falls on translators, who navigate the intricate landscape of patent language, ensuring every nuance of the original meaning remains unchanged in the target text. Patent offices worldwide are seeking ways to enhance the efficiency and affordability of patent filing. Initiatives like the London Agreement have emerged, allowing companies in specific European countries to submit patents in English, reducing filing costs. This has led to a reported decline in demand for new patent translations into languages such as French and German, although there are still many requests for translations of old patents that have only been filed in the inventors' country. Although the success of the London Agreement indicates potential for similar arrangements in other regions, progress can be gradual, as demonstrated by the decade it took for the agreement to take effect. Some European nations, including Spain and Italy, remain firm that patents must be filed in their official languages. In such markets, the need for patent translation is growing. Patently clear Billion dollar error "The patent system adds the fuel of interest to the fire of genius." Abraham Lincoln Technological developments Companies seek efficient and cost-effective solutions to ensure the quality and timely processing of patent applications across multiple countries and in multiple languages. In this context, the fusion of technology and translation has revolutionised the field, helping to expedite translations. Gone are the days of translating patents from scratch. Today, clients often provide translation memories (TMs) or pre-translated files. Machine Translation Post Editing (MTPE) has taken centre stage, shifting the translator's role to refining machine-generated translations. Using technology to identify and reuse repeated text cuts costs. Although they may appear to be unique documents, patents within the same industry or product domain often share similar language due to common elements and standard statements. This includes highly standardised language following strict rules. While the

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