EU Patent: Translation Into 'Language Customary In The Field Of International Technological Research'
On October 06, the Belgian EU Presidency has sent a paper to the EU Council which is titled Proposal for a Council Regulation on the
translation arrangements for the patent - Political orientation and which now has been made public as Document 14377/10.
Primarily, the Document re-iterates earlier statements in favour of introduction or machine translation technologies for obtaining
cheap patent translations. According to the text, in order to improve access to technical information on patents in local languages
for all users of the patent system in Europe, the timely availability and high quality of machine translations into all EU languages
is an indispensable element of the translation arrangements of the European Union patent. In order to achieve this, the Presidency
concludes, the Commission shall establish a cooperation programme with the EPO in order to ensure the timely availability of machine
translations. Moreover, again according to the Document, the Commission shall provide all possible support, in particular financial
support for the development and functioning of the system of machine translations at the EPO. It should be included in the draft
Regulation on the translation arrangements for the European Union patent that the establishment and the functioning of the machine
translation system should be subsidised from the EU budget.
However, not everyone appears to be fully convinced:
"During a transitional period, for EU patents which are not granted in the language customary in the field of international
technological research and publications a translation into this language has to be provided by the applicant. Such translations would
be important as long as high quality machine translations are not available from all of the three EPO languages into all other EU
languages. This translation would be included in the publication of the EU patent specification. It would be for information purposes
only and would have no legal effect.
The Council is of the view that even though such an additional translation would result in supplementary costs for cer…
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