如何申请发明专利英语翻译详解

In the world of intellectual property, the application for an invention patent is a critical step for innovators seeking to protect their groundbreaking ideas. The process, while intricate, can be demystified with a clear understanding of the steps involved. Here, we delve into the intricacies of applying for an invention patent and the essential English translations required.

1. Initiating the Application Process

The journey to securing an invention patent begins with the submission of an application. Applicants in China can file a PCT (Patent Cooperation Treaty) international application within 12 months from the priority date of their national application. This application must be submitted in Chinese to the China National Intellectual Property Administration (CNIPA), and priority in China can be claimed without the need for proof of priority documents. The CNIPA acts as the Receiving Office for the patent application and also functions as the International Searching Authority, issuing an international search report.

2. The Individual's Path to an Invention Patent

The process for an individual seeking an invention patent involves several key steps. Firstly, the patent applicant submits the necessary documents, including a request, a description, and claims. Subsequently, the State Administration for Market Regulation conducts a preliminary examination (within 18 months). If the application meets the requirements, it is published. Within three years from the application date, a patent certificate is issued upon successful substantial examination, and a technical disclosure document is prepared.

3. The English Translation of 'Invention'

The term for 'invention' in English is "invention," which is used as a noun in sentences. It refers to the creation of a new or original device, process, or product.

4. Choosing English Names for Inventors

When submitting a patent application, inventors have the option to use English names. This practice aligns with international standards and facilitates the management and retrieval of patent documents. An inventor's name can be in English or another language, but it must ultimately be translated into English to ensure that patent information is accessible and understandable across all countries and regions.

5. Key Terminology in English

Here are some essential English terms related to patents:

Dominance Patent: A patent that grants the patent holder control over a particular technology or market.

Drawing: A detailed illustration of a product or process.

Duration of Patent: The length of time a patent is valid.

Economic Patent: A patent that is related to economic activities.

Effective Filing Date: The date on which a patent application is considered to be filed.

Employee's Invention: An invention made by an employee within the scope of their employment.

EPO: European Patent Office.

European Patent Office: The organization responsible for granting patents in the European Union.

ESARIPO: Englishspeaking African Industrial Property Organization.

European Patent Convention: An international treaty governing the granting of patents in Europe.

Evidence: Information or material that supports a claim or conclusion.

Examination: The process of reviewing a patent application to determine its validity.

Examination Council: A body that examines patent applications.

6. Translating Utility Model Patent and Invention Patent Application

The translation of "实用新型专利" into English is "Utility Model Patent," and "发明专利申请" is translated as "Invention Patent Application." This distinction is crucial for ensuring accurate communication in the intellectual property domain.

Distinguishing Invention Patents from Utility Model Patents in Translation

1. Similarities and Differences

Both utility models and inventions are protected under China's Patent Law, and they are both forms of inventive creations. However, there are significant differences between the two. Utility models have a lower level of creativity compared to invention patents. The Patent Law requires that an invention patent has "outstanding substantial characteristics and significant progress" compared to existing technology on the application date.

2. Approval Procedures

The approval procedure for invention patents includes受理 (receiving), preliminary examination, publication, substantial examination, and authorization. In contrast, the application and approval procedure for utility model patents does not include publication and substantial examination, consisting only of receiving, preliminary examination, and authorization.

3. Creativity Requirements

Invention patents must meet the condition of having "outstanding substantial characteristics and significant progress," while utility models only require "substantial characteristics and significant progress." The creativity level required for utility models is lower, leading to the term "small invention" patent and "small patent" for utility models that have obtained a patent.

4. Detailed Comparison

When applying for a patent, it is common to confuse the differences between utility models and inventions. Here is a detailed comparison:

Definition and Characteristics: An invention patent is a new technical solution for a product, method, or improvement, requiring outstanding substantial characteristics and significant progress. In contrast, a utility model patent focuses on the shape and structure of a product, emphasizing practicality with a lower level of creativity required.

Can the Name of a Patent Inventor Be in English?

1. Flexibility in Naming

When a company applies for a patent, the inventor can be not only the company's research and development staff but also foreign researchers. There are no nationality restrictions on inventors, but attention must be paid to the writing standards of names.

2. Inclusion of Individuals and Organizations

The inventor section in a patent application can include individuals, companies, or legal entities. For individuals who make a collective application, the applicant section should fill in individuals, legal entities, or other organizations that meet the requirements of the patent applicant. The inventor should be the person who has made a substantial and creative contribution to the invention.

3. Naming Conventions Abroad

In some countries, to show respect for inventors, their full names are often written in uppercase letters when naming patent inventors.

4. The Role of the Inventor

A patent inventor is an individual who has made a particularly significant contribution to a patent. The inventor can only be an individual, not an organization. If there are multiple inventors, they should be listed from left to right. The rights of the inventor are relatively limited compared to the patent holder, mainly consisting of the right to be named as an inventor in the patent document.

5. Translation of Applicant and Inventor Information

All applicant and inventor information, including addresses, must be translated into Chinese and filled in the application form (if entering through PCT, fill in the corresponding section of the "Declaration of Entry into the National Phase of International Application"). This ensures consistency and clarity in international patent applications.

How Individuals Can Apply for a Patent and the Process Involved

1. Applying for a Patent through the China Patent Electronic Registration Account

Ordinary individuals can apply for a patent by logging into the China Patent Electronic Registration account. The specific steps include registering an account on the China Patent Electronic Application website, agreeing to the terms and conditions, and choosing "Agree."

2. Steps to Apply for a Patent Individually

The process for applying for an individual patent involves several steps:

Conducting relevant research and searches on the technology to be patented.

Determining the type of patent application.

Preparing application materials, including the patent application request, fee reduction request, etc.

Submitting the patent application documents, receiving a patent reception notice, and patent application number, and paying the patent application fee.

Responding to any notices of correction or reexamination opinions issued by the authorities.

3. Detailed Steps for Applying for an Individual Patent

To apply for an individual patent, follow these steps:

Provide a disclosure document.

Submit the application documents.

The patent office conducts a formal examination of the patent application documents. Upon passing the preliminary examination, the application enters the public preparation phase.

The patent office publicly discloses the invention application documents.

4. The Application Process for an Individual Patent

The application process for an individual patent involves submitting design specifications, a patent application request, an abstract, and claims. For design patents, applicants need to submit the redesigned appearance images, a patent application request, and design description documents. Individuals can submit the application to the patent office themselves or through an intellectual property agency.

5. Legal Analysis of the Patent Application Process

The process for an individual to apply for a patent includes providing a disclosure document, entrusting an agency to draft the application documents (which can be omitted if not entrusted), submitting the application documents, receiving a patent reception notice, determining the application date, submitting an advance publication declaration, and requesting substantial examination.

6. Steps for Applying for an Individual Patent

The process of applying for an individual patent can be divided into several steps:

Determine the type and field of the patent: Choose the appropriate patent type and technical field based on the nature of the innovation and its application field.

Prepare the patent application documents: Prepare detailed patent application documents according to the requirements of the patent office, including the application, description, claims, and drawings.

English Test Materials for the National Intellectual Property Administration Patent Review Coordination Center

1. Administrative Ability Test Questions

The administrative ability test includes types such as verbal understanding and expression, quantitative relationships, judgment reasoning, logical judgment, common sense judgment, and data analysis, mainly to assess the comprehensive ability of candidates. Tips for scoring well on the test include choosing the correct order of solving problems: first the question, then the content, and finally the options.

2. The Patent Examiner Exam Focuses on Professional English

The patent examiner exam primarily focuses on professional English, usually in the form of translating English patent documents into Chinese, as there is a need to review a large number of foreign patent documents in the work. Patent lawrelated content is taught during postemployment training and is not an important examination content. The patent review at the National Intellectual Property Administration is divided into preliminary and substantial examination, with the preliminary examination requiring a level of English proficiency similar to a university degree.

3. High Requirements for Foreign Language Proficiency

In recent years, the main examination content has been the translation of patent articles, English to Chinese. In 2020, due to the pandemic, the National Intellectual Property Administration canceled the foreign language written exam and unified it with the foreign language ability and interview, with the form of structured interviews on English patent articles. Outside the examination room, candidates review English patent articles, and inside the examination room, examiners ask professional questions related to the materials in Chinese.

4. The Exam Difficulty Level

The difficulty of the exam is not high. The patent review is the translation of two patent documents, and the difficulty is not high, but the amount is large. It is important to control the time reasonably. The final admission not only depends on the quality of the translation but also on the speed.

5. The Exam Structure

The exam consists of three parts:

Professional ability test: Examines language ability, logical reasoning ability, and simple data statistics, with a time limit of 30 minutes.

English patent translation: Three English patent translations, the content varies depending on the position applied for, with a time limit of 2 hours.

Chinese writing: A 5001000word essay on "The Splendor of Life," with a time limit of 30 minutes.

The PCT Patent Application Process

1. The PCT Patent Application Process

Patent applicants can file national patent applications through the PCT route, applying for patents in multiple countries. For applicants who have a national application in China, they must submit a PCT international application in Chinese to the CNIPA and claim priority in China. The CNIPA acts as the Receiving Office for the patent application and also functions as the International Searching Authority, issuing an international search report.

2. Steps for PCT Patent Application

The application process for a PCT patent includes:

Filling out the application form: Download the international patent application form from the PCT website and fill in the relevant information.

Payment: Pay the international patent application fee.

Submission: Submit the completed international patent application online or by mail to the World Intellectual Property Organization (WIPO) headquarters.

3. The PCT Patent Application Process

The process for a PCT patent application involves:

The applicant submits a patent application to the national office designated as the Receiving Office under the PCT.

After the patent office receives the PCT application, it conducts a 18month formal examination of the application documents.

Upon passing the examination, the application documents are sent to the WIPO International Bureau and the International Searching Authority for a search report and international publication.

4. Applying for a Patent in Multiple Countries or Regions

If you wish to protect your invention patent in multiple countries or regions, you can apply through the PCT (Patent Cooperation Treaty) international application process. Here is the process for a PCT international application:

According to the PCT Treaty, you need to submit a PCT international application to the patent office or the International Bureau (WIPO) of the chosen country or region.

In the application, you need to provide the description of the invention, drawings, declarations, and other documents.

5. Legal Analysis of the PCT Patent Application Process

A PCT patent application goes through both the international phase and the national phase. The international application first undergoes the international phase procedure, and then enters the national phase procedure. The submission of the application, international search, and international preliminary examination are completed in the international phase, while the work of granting the patent is completed by the designated national offices in the national phase.

6. Legal Analysis of the PCT Patent Application Process

The process for a PCT patent application is as follows:

Submit a patent application to the national office designated as the Receiving Office under the PCT.

After the CNIPA receives the PCT application, it will conduct a formal examination of the application documents.

Upon passing the examination, the application documents will be sent to the WIPO International Bureau and the International Searching Authority.

... and so on.

The English Translation of 'Invention'

1. The English Translation of 'Invention'

The English translation of 'invention' is "invention," which is used as a noun in sentences. It refers to the creation of a new or original device, process, or product.

2. The Verb 'Invent'

The verb "invent" means to create or discover something new. Its conjugations include the third person singular "invents," the present participle "inventing," the past tense "invented," and the past participle "invented." Example sentence: "The U.S. needs the new companies that will invent them." (The U.S. needs the new companies that will create these products.)

3. The English Translation of 'Invent' as a Verb

The English translation of "发明" as a verb is "invent." It means to create, discover, or contrive something new. Its conjugations include the third person singular "invents," the present participle "inventing," the past tense "invented," and the past participle "invented."

4. The English Translation of 'Invention' as a Noun

The English translation of "发明" as a noun is "invention." It refers to the act of creating or discovering something new, such as a new device, process, or product. The term "invention" originates from the Latin word "inventio," which means "finding out" or "discovering."

5. The Verb 'Invent' in English

The verb "invent" in English is the action of creating or discovering something new. It is used in various contexts, from scientific discoveries to everyday innovations.

6. The English Equivalent of 'Invent'

The English equivalent of "发明" is "invent." It is a verb that describes the process of creating something new, whether it's a product, a process, or a concept.