For patent practitioners, translation is everywhere
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Language barrier
For patent
practitioners,
translation is
everywhere
of enforceable patents held by other parties
Patent translations involve in their firms’ target markets.
some of the most technically While each of these responsibilities is
different, one thing they all have in common
and linguistically challenging
is a frequent dependence on translation.
material available, but are often an Translation plays an important but widely
afterthought. As global patent filings underappreciated role in almost all of the
grow, a rethink of how we approach key functions associated with managing a
patent translations is needed global company’s patent portfolio and the
importance of that role goes beyond its
often considerable budget impact.
By Matt Sekac During prosecution, translation has
a bearing on grant determination and the
The development, maintenance and scope of a patent application’s enforceable
enforcement of a strong international coverage. Translated material informs a firm’s
patent portfolio are increasing priorities assessment of its IP positioning in foreign
for businesses of all sizes across a wide markets, potentially influencing decision
range of industries. The World Intellectual making with regard to new product launches,
Property Organisation (WIPO) reports that prospective acquisitions, enforcement actions
“following a 3.9% decrease in 2009, patent or a firm’s negotiating position in licensing
filings worldwide have now rebounded discussions. Should a firm face a production
strongly, with accelerating growth rates – of foreign language documents during the
7.6% in 2010, 8.1% in 2011 and 9.2% in discovery phase of litigation, its case will be
2012”. This trend is being driven in part by built, its strategy developed, the case tried
the growth in patent filing in developing and the outcome determined largely on the
economies such as China, Mexico, Russia, basis of translated documents.
Brazil and India. For globally competitive firms in IP-
As patent positioning plays an intensive industries, translation should
increasingly important role in the global be viewed as a critical element of the
marketplace, those charged with managing portfolio management function. This
and asserting a firm’s international patent article begins with an overview of the
portfolio face a complex and multifaceted challenges associated with performing
challenge. Applications for patents on accurate translations of the complex
new innovations must be drafted, filed technical material relating to patents. It
and seen through to grant. Licence goes on to explore the many different ways
agreements must be pursued, negotiated that translation can affect a firm’s ability
and implemented. Patent infringements to compete globally where IP positioning
must be identified and, when necessary, grows more important every year. We also
enforcement action must be taken to review the way that many firms go about
remedy such infringements. In addition, the business of obtaining translations,
patent practitioners at multinational firms which is often fragmented, decentralised
must stay constantly vigilant in order to and ad hoc. Finally, it proposes a plan of
protect their firms from litigation, in part action for firms to take control of this key
by assessing and monitoring the landscape aspect of portfolio management.
www.iam-magazine.com Intellectual Asset Management September/October 2014 77Language barrier
Translation is more than just a Figure 1. Growth in global patent filings
commodity
Patent texts and related documentation
represent some of the most demanding 2012 9.2%
source material for translation professionals.
Yet experienced, capable patent translators
are a scarce and valuable resource. 2011 8.1%
According to 2012 data gathered by
the US Bureau of Labour Statistics, the
median translator classified as working 2010 7.6%
in “professional, scientific and technical
services” earns about 19% more than the
median of translators as a whole. That -3.9% 2009
category is sufficiently broad to encompass
translators who work with material of a -6% -4% -2% 0% 2% 4% 6% 8% 10% 12%
less demanding nature, with less at stake
and requiring less in the way of expertise Source: World Intellectual Property Organisation, World IP Indicators 2013
than the translation of patent applications,
such as user manuals, marketing materials
and agreements in addition to other legal
texts of a non-technical nature. Although patent practice”.
the bureau does not provide data on patent The language used in patent
translators specifically, the extent of applications is carefully structured and
training and expertise required for patent the precise terminology carefully selected,
translation likely allows for many US patent in consideration of various patent laws
translators to command wages approaching and regulations which are often rife with
the top 10th percentile of earners in the nuance. From the same article: “complex
industry. This also depends in part on a sentence structures, particularly in the
translator’s individual output capacity. claims, and the need to maintain the
In order to render any source text breadth, narrowness or ambiguity of the
properly in another language, a translator original language also contribute to the
must absorb and understand that text’s particular translation challenge posed by
meaning. The text contained in patent patents.” Supreme Court Justice Henry
applications often describes extremely Billings Brown was not even thinking about
complex technology requiring advanced translation when he wrote, in the court’s
technical expertise to be fully absorbed 1892 decision in Topliff v Topliff (140 US
and understood. When translating highly 156): “The specification and claims of a
technical material contained in a patent patent, particularly if the invention be
application, the translator typically requires at all complicated, constitute one of the
a relatively in-depth understanding of the most difficult legal instruments to draw
invention’s technical field. with accuracy, and in view of the fact that
To take a simple, hypothetical valuable inventions are often placed in the
example highlighting the importance of hands of inexperienced persons to prepare
understanding context in translation, such specifications and claims, it is no
consider the different possible meanings matter of surprise that the latter frequently
of the English word ‘field’. If a patent claim fail to describe with requisite certainty the
referring to a ‘magnetic field’ were rendered exact invention of the patentee, and err
in its translation as describing a ‘magnetic either in claiming that which the patentee
meadow’, it is not hard to imagine the had not in fact invented, or in omitting
potential for adverse consequences. some element which was a valuable or
To capture the specific and precisely essential part of his actual invention.”
defined elements of an invention disclosure Patent translators face the same
in a patent translation fully and accurately, challenge. They must capture “with
or research documentation pertinent to requisite certainty the exact invention of
an infringement suit, both linguistic and the patentee” in a foreign language which
technical competency are required. Yet might have radically different rules and
these alone are not enough to achieve the conventions governing syntax and sentence
best and most reliable results. As noted structure, both generally and in the
in a 2010 New York Law Journal article on particular context of patent applications.
translating patent applications (Vol 24, A similar level of specialised knowledge
No28), truly qualified patent translators and expertise applies to translators working
should understand “at least the basics of with discovery material during patent
78 Intellectual Asset Management September/October 2014 www.iam-magazine.comLanguage barrier
Figure 2. Patent filing growth in developing countries 2012 that firms may benefit from a careful
evaluation of their translation sourcing
India 3.9%
practices. This is especially true in light of
the pervasive ability of translation to affect
a firm’s patent positioning across nearly all
Brazil 5.1% portfolio management functions, which is
explored in the next section.
Russia 6.8%
Where translations arise
Foreign filing and patent prosecution
Mexico 9%
Translation needs arise early in the lifecycle
of an international patent family. Foreign
China (SIPO) 24% patent protection is most commonly sought
by way of Patent Cooperation Treaty (PCT)
0% 5% 10% 15% 20% 25% 6% 30% national phase entry, direct national filing
under the Paris Convention and national
Source: World Intellectual Property Organisation, World IP Indicators 2013 validation of granted European patent
applications. As a component of this
process, firms seeking to extend protection
into non-English speaking jurisdictions
normally must submit a translation of
litigation. Document productions may the patent application into the local
contain all manner of technically demanding jurisdiction’s official language.
material – from lab notebooks to research This requirement is more than a simple
documentation, product specifications and formality: the IP authority in most non-
development plans, quality assessments European patent jurisdictions conducts
and technical performance metrics, memos its own examination based on its own
and other correspondence regarding all of IP laws and regulations. In general, the
the above. In addition, correspondence will translation is the controlling text both
frequently blend technical material with during examination and in the event of an
colloquial language and dialect-specific infringement suit. Errors in the translation
idioms, introducing another level of native- of a patent application can materially
language expertise to the list of required compromise a patent examiner’s grant
translator qualifications. determination, as well as the scope of
The translations required by patent the patent’s claims and the viability of
practitioners involve some of the most enforcement action later on. While it is
technically and linguistically demanding possible to file amendments correcting such
material available. To execute those errors in some countries, the specifics vary
translations accurately requires a roster of widely and in most cases an applicant’s
highly qualified translation professionals opportunity to take corrective action is
with specialised expertise. It also requires restricted to the period prior to grant
a well-defined process with robust quality or earlier. Even when translation errors
assurance measures and concrete metrics are identified before grant and recourse
for monitoring and improving performance. is available, the preparation and filing of
This process needs to be capable of handling required amendments create added expense
a volatile workflow of inconsistent volume, and a longer time to grant, increasing the
which potentially spans dozens of languages cost of patent ownership and delaying the
and multiple technical fields. possibility of enforcement.
All of which is to say that patent Translation is also a key driver of
translation should not be regarded as a the expense associated with obtaining
commodity. The challenging nature of patent protection in foreign countries. In
the source material – together with the comments offered to the US Patent and
scope and variability of a global patent Trademark Office regarding the costs faced
department’s translation needs – suggests by small and medium-sized enterprises in
By confronting the need for translation only when it arises,
firms relegate purchasing authority to a fragmented
assortment of parties
www.iam-magazine.com Intellectual Asset Management September/October 2014 79Language barrier
pursuing international patent protection, Figure 3. Translator incomes
the American Intellectual Property Law
Association (AIPLA) noted that: “with
regard to the acquisition of international
90th percentile of all translators
patent rights, translation costs, annuity
fees, and foreign professional fees represent
significant expenses and act as barriers
that often prevent small businesses from Professional, scientific and technical services
applying for foreign patents.”
Indeed, translation costs can escalate
quickly as the list of target countries grows.
The graph below provides an approximate Median translator
estimate of the translation costs associated
with filing a typical patent from five
industry categories in Japan, Korea, Mexico, $0 $20,000 $40,000 $60,000 $80,000 $100,000
China, Brazil and Russia based on research
compiled internally by Park IP Translations Source: US Bureau of Labour Statistics
using data gathered from published US
patent applications.
Translation is also integral during
prosecution when a patent examiner issues • Patents filed in multiple countries may
an office action in another language or have been granted claims of differing
cites a non-English piece of prior art. With scope.
patentability often depending on nuanced • A holder of a foreign patent may have
interpretation of granular technical details, failed to pay required maintenance fees
it is important for the attorneys drafting to retain protection.
the response to fully understand the precise • Some countries have unreliable
meaning of the office action, as well as any enforcement regimes – there may also
art that the action cites. be statutory limitations on damages in
certain countries.
Freedom to operate assessments
Before acquiring a company or taking There is also the potential challenge of
a new product to market, firms will assessing the IP positioning in the context
frequently conduct a ‘freedom to operate’ of a patent landscape composed entirely
analysis in order to assess the risk of of foreign language claims. The results of
possible litigation arising from infringing a freedom to operate survey are a major
another party’s existing intellectual factor in a firm’s evaluation of a prospective
property. A comprehensive freedom to acquisition or a new product’s financial
operate analysis can be costly. In this viability. Decisions regarding potentially
analysis, a thorough assessment of the significant investments in the development
product and the relevant marketplace and launch of a new product hinge on these
is conducted. Competitors and the risk assessments. Finally, the accuracy of
components of similar products are these assessments may rely heavily on the
evaluated and existing licensing and accuracy of patent translations.
manufacturing arrangements analysed. An In order to evaluate the danger of
extensive survey of unexpired patents and patent infringement litigation posed
published applications pending grant is by enforceable patents in a foreign
also performed. The total cost, according jurisdiction, firms must first gain a
to patent attorney and founder of popular thorough understanding of precisely what
IP law blog IPWatchdog.com Gene is claimed in those patents. If the claims are
Quinn, is typically “at least $10,000 and in a foreign language, that understanding
sometimes substantially more”. will depend on the content of a translation.
The analysis is further complicated Firms and their attorneys may engage
when a firm is seeking product clearance foreign counsel for assistance and guidance
for a foreign jurisdiction. The regulatory in understanding the patent claims and
environment, market conditions and the broader context of applicable IP
competitive dynamics can vary widely laws. However, in order to fully absorb
from country to country. The same is and comprehend the conditions facing
true of each jurisdiction’s laws governing a new business venture, firms will want
patent protection. Many jurisdictions have to read those patents for themselves.
varying standards governing patentable Their conclusions will be guided by their
subject matter: understanding of translated text.
80 Intellectual Asset Management September/October 2014 www.iam-magazine.comLanguage barrier
Figure 4. Translation costs (BR, CN, KR, JP, MX, RU) of negotiating leverage will frequently
commission translations of their own
patents to ensure that such a threat is
Mechanical
credible – that is, to be sure that their
patent claims say what they should.
Electrical & electronic
Litigation
Drugs & medical It may seem surprising that firms spend
tens of thousands of dollars on freedom
to operate assessments in order to avoid
Computers & communications
infringement suits, until one sees the price
tag of a patent infringement suit. Writing
Chemical for cnet.com, Jim Kerstetter reports that
a survey by the AIPLA found that in the
$0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 United States: “For a claim that could be
worth less than $1 million, median legal
Source: Park IP Research and the USPTO costs are $650,000. When $1 million to
$25 million is considered ‘at risk,’ total
litigation costs can hit $2.5 million. For a
claim over $25 million, median legal costs
Licensing negotiations are $5 million.” That is just to fight the
Once a patent has been granted, it becomes battle; those numbers do not include the
an asset with real business value that potential costs for defendants ordered to
firms will seek to maximise. One option pay damages.
for monetising a patented invention is to In addition to being expensive, patent
license its use to other parties, and licensing suits are increasingly a fact of life for firms
specialists perform an especially important in innovation-driven industries, especially
function for global firms with large patent those doing business in the United States.
portfolios and products that integrate the Due in no small part to the divisive class of
use of multiple patented inventions. Steve organisations known as ‘patent assertion
Jobs once said that the portfolio on iPhone entities’ and commonly referred to as
components and functionality was over ‘patent trolls’, infringement litigation is
200 patents – and those are just Apple’s on the rise. In 2013 the number of patent
patents (source: Intellectual Property Today, suits filed in US district courts was more
November 2009). Companies such as Nokia than double the number filed just five years
and Samsung also license technology to earlier. There has also been a sustained
Apple, which is then integrated into the increase in Section 337 investigations at
final iPhone product. Apple’s innovations the US International Trade Commission,
are licensed, in turn, to companies such as another venue for patent assertion favoured
Nokia and Samsung for integration into by many patent holders due to the speed of
their own final products. its proceedings.
The environment for licensing More than half of the money spent on
professionals and the way that those patent infringement suits in the United
professionals engage their environment States is spent during discovery. The scope
can vary from industry to industry and of discoverable documentation in US courts
from firm to firm. They are influenced by is extremely broad and litigants routinely
factors such as pre-existing cross-licensing produce tens or hundreds of thousands
arrangements, developments in ongoing of pages of documentation during the
or prospective infringement suits, the discovery process. Those documents are
evolution of new technologies, international then reviewed and assessed by a team of
competitive dynamics and the firm’s attorneys and staff as they build their case.
overarching business goals and initiatives. In cases where one party produces
To the extent that a firm’s licensing strategy documents in a foreign language (eg,
and negotiating posture depend on the 25,000 pages of Japanese emails, memos,
claims of foreign language patents, that firm lab notebooks and other materials),
will depend for information on the accuracy attorneys must find a resource for linguistic
of language translation. support. Firms hire or engage services
A firm may even require translations to provide bilingual contract attorneys,
of applications filed under its own name foreign language document reviewers and
that were translated by another party translators. They depend on these resources
for filing abroad. Firms counting on the to identify pertinent documents, develop
threat of enforcement action as a source a case on their basis and, if necessary,
www.iam-magazine.com Intellectual Asset Management September/October 2014 81Language barrier
present those translated documents in In many cases, translations required in
court. A failure to appreciate the relevance connection with foreign patent filings are
of key foreign language documents handled by the foreign patent firms that
properly or a substantive translation error serve as local counsel during prosecution.
in an important exhibit can meaningfully It is easy to see how the arrangement
compromise a party’s interest in a high- comes about, as patent applicants require
stakes legal battle. a local agent in each target jurisdiction for
guidance regarding jurisdiction-specific
Fragmented and reactive buying statutes and regulations:
practices • to prepare and file the required
While translation is required in the service documentation on the applicant’s
of very different purposes, the nature of the behalf;
requirement is actually fairly consistent. • to serve as local representation before
Whatever the ends being pursued, in order the applicable patent authority; and
to achieve those ends, patent professionals • to assist in preparing amendments,
of all stripes encounter the need for reliable, office action responses or other
accurate translations of technical patent and disclosures where necessary.
related documentation. In some cases it is
difficult to anticipate specific instances of The administration of translation
need. As an example, prior art translations requirements would seem to fit quite
are required sporadically in response naturally into that slate of responsibilities,
to patent office actions. New licensing which is the main reason why foreign patent
discussions may generate a need for firms still handle a high proportion of
translations on an ongoing basis. Litigation translations for the applications they file.
and discovery are unpredictable. On the The weakness to this set-up is a major
other hand, some specific translation limitation on the ability of applicant firms
requirements are foreseeable. Firms know to gain visibility of and exert control over
which of their applications will be coming the processes, best practices and quality
due for PCT national phase entry 30 assurance measures in place to ensure
months in advance of the deadline. that their patent applications are being
Although a firm’s precise need for translated accurately. The possibility of
translation over the course of a given year substantive translation errors represents a
may be variable and unpredictable, many legitimate financial risk. Without the ability
firms can anticipate in broad terms that the to monitor and influence how translations
patent department will require translation are prepared – without transparency or
in the service of its various functions. control – firms have no means by which to
Together with the pervasive importance assess this risk or take action to mitigate it.
of accurate translations, this suggests As long as a firm obtains translations
that firms would benefit from a top-down for foreign patent filings from its foreign
approach to managing their translation patent agents, it will face constraints
needs. They should have high-level on transparency and control. Many
transparency of spend and their providers.
Unfortunately, this is not the case
at many firms. Rather than approaching Questions to ask yourself about your translation sourcing practices
translation as a key component of a
portfolio management strategy, translation • What are our main priorities and • Do we have any standards or evaluation
is instead regarded as more of an annoying expectations for translation and are they criteria for making sourcing decisions?
inconvenience – something that represents being met? • Can we benefit from more coordination
little more than another hoop to jump • How confident are we in the quality and and continuity in our sourcing
through or box to check before moving on consistency of the work product we are decisions? Are we suffering from a
to the real business of prosecuting a patent, receiving? downstream, reactive approach to
negotiating a licence agreement, arguing • Are translation defects increasing our obtaining translations when needed?
a case or evaluating a new opportunity. applications’ time to grant and are • How many providers did we buy from
This attitude is evident from the fractured we incurring additional costs for filing last year and can we benefit from
and ad hoc manner in which many patent amendments and corrections? consolidation? Is our pricing consistent
departments make translation sourcing • Are translation defects jeopardising and does it make sense?
decisions. Suppliers are engaged at the enforcement viability by misrepresenting • Is a lack of coordination among
point of need by individuals managing the the true and complete scope of coverage? outside counsel resulting in redundant
administrative requirements of a particular • Are there inefficiencies in the processes expenditures during litigation or creating
function, with a strong bias towards and procedures by which our unnecessary challenges in managing
legacy practice and little department-wide organisation obtains translations? foreign language discovery?
coordination.
82 Intellectual Asset Management September/October 2014 www.iam-magazine.comLanguage barrier
Figure 5. Translation sourcing decisions
Sourcing decisions made downstream
Patent department
Filing and prosecution Licensing Freedom to operate Litigation
• Applications for filing • Enforceable patents • Enforceable patents • Discovery material
Translation needs • Prior art references • Published applications • Licence agreements • Depositions
• Office actions • Agreement text • Diligence material • Court exhibits
• In-house department staff
• In-house department staff • Outside counsel
Sourcing decisions • Outside counsel • Outside counsel
• Outside counsel • Foreign attorneys
• Foreign associates
organisations routinely pursue patent other services.
protection in more than a dozen foreign In the model described above, sourcing
countries – which means their patent decisions for foreign filing translations
translations are being handled by more than are ultimately made by foreign patent
a dozen foreign patent firms, each deploying firms. Should the need for translation
a different set of best practices in delivering arise during the prosecution of a foreign
services outside its core competency. language office action or a piece of prior art,
the domestic attorney (internal or outside
Foreign patent law firms are not counsel) responsible for prosecuting the
language specialists – they are law firms application usually has the authority to
The approach of different patent firms to procure a translation from the foreign agent
delivering this service can vary widely. or an alternative resource at his or her own
Some use in-house translators, some use discretion. Any translation needs arising
freelance translators and some outsource to in connection with licensing activities
local translation companies, passing along are similarly addressed at the time they
the expense at a mark-up. emerge and by the individuals directly
When organisations select foreign law involved. An outside law firm engaged to
firms to represent their IP interests abroad, prepare a freedom to operate assessment
they are evaluating and selecting candidates will normally procure translations, where
to render legal services on the basis of their required, through its own channels, passing
legal expertise. Often this occurs without along the expense as a disbursement.
much consideration being given to their The same is true for translations
proficiency in executing one of the most required during litigation. In the case
demanding forms of language translation. of litigation, the expenditure can be
Even if the information were available and considerably larger and sourcing decisions
all parties were willing, few organisations still more fragmented. Firms will typically
have either the expertise or the bandwidth appoint outside counsel to litigate
to thoroughly scrutinise, evaluate, infringement suits on their behalf and
implement and monitor compliance with larger suits will often involve multiple
a unified set of best practices and quality defendants and therefore multiple co-
assurance measures across a global network counsel. All parties to the suit and each
of independent patent law firms. of their advocates will have some role in
The broadly exhibited tendency is for reviewing the documents produced during
organisations to address their need for discovery. Should the document production
patent-related translations reactively, at contain foreign language material, everyone
the point in time when translation needs involved in the review will have need of
emerge. This usually means that purchasing translation support.
authority is relegated to whichever party In addition to the potential challenge
is directly engaged in performing the of documents numbering in the thousands
function for which a particular translation or tens of thousands, the involvement of so
is required. That party is not necessarily many parties introduces the possibility of
an employee of the organisation whose redundant expenditures on uncoordinated
interests are at stake. In fact, translation translation requests. In most cases,
sourcing decisions are routinely made by translation support during discovery is
third parties in the course of providing engaged at the discretion of outside counsel,
www.iam-magazine.com Intellectual Asset Management September/October 2014 83Language barrier
often with little coordination between co-
litigants and their advocates with regard Action plan
to streamlining translation providers or
document translation orders. The result is a A strategic approach to the impact of • take control – taking the time and
situation where co-counsel A and co-counsel translation on your competitive positioning investing the energy in understanding
B are on the same side reviewing the same means that you should: the role of translation in your patent
production and ordering their own separate • work towards greater transparency portfolio is the most important part
translations of the same key documents. – conduct a thorough review of your of taking control. Many firms will
In the first place, this is problematic past year’s translation expenditures recognise the obvious benefit to some
for the obvious reason that the litigants and identify all of the parties that degree of consolidation and improved
are paying for multiple translations of the make buying decisions, under what continuity in sourcing translation needs.
same documents. However, there are also circumstances, based on what criteria
serious concerns about the possibility of a and according to what procedures; In evaluating prospective service
case built on differing versions of the same • quantify spend – once you are aware providers, look for a partner instead of just
key documents. If one side is working with of all the sources of your translation a vendor. Be prepared to describe your
multiple translations of the same document, spend, calculate the total spend and existing procedures, systems, operating
each carried out by a separate provider, how how it is allocated across the various protocols, technology and the role of each
will the attorneys sort out any disparities functions of your IP department; party involved; then expect providers
between the two? Translations prepared • identify improvement opportunities to engage you in a discussion on those
by different parties according to different and pain points – with all of the above terms. Look for solutions that integrate with
processes will lead to different work information, ask questions about your own best practices and which can
products and the potential for different current practices, figure out what is be implemented with minimal disruption.
interpretations of important material. working and what is not, and devise Leverage buying power and consider more
Which translation is more accurate? Which means for making those practices work than price. Remember, patent translation is
should be considered the controlling text? better; and not a commodity.
If one version suggests a more favourable
interpretation to one side, but is ultimately
deemed to be inaccurate, how damaging
might that be to the case? transparency of processes, best practices
and quality assurance. Having evaluated
Move translation sourcing upstream and identified the best-suited translation
The key point is that a reactive, downstream providers, firms can be confident that they
and decentralised approach to translation have taken the proper steps to minimise
sourcing decisions introduces both risk and risk posed by translation errors and have
waste into a firm’s portfolio management equipped their patent professionals with the
functions. By confronting the need for best resources to perform their functions.
translation only when it arises, firms relegate In the event that issues do emerge, firms
purchasing authority to a fragmented will have the visibility and the control to
assortment of parties, both internal and identify the source of the problems and take
external, performing an assortment of steps to rectify them.
responsibilities and with an assortment of This is about more than just avoiding
evaluation criteria for selecting resources. negatives, reducing risk and cutting costs.
This dilutes a firm’s purchasing power in Firms have a real opportunity to gain
price negotiations and creates a great deal of an advantage over competitors which
inconsistency and uncertainty. underestimate the role of translation in
By moving translation sourcing intellectual property. By taking control of
decisions upstream and evaluating preferred translations from the top down, you can be
resources at a high level in a coordinated, more confident in the quality of your patent
centralised way, firms consolidate their protection in foreign markets. You can go
buying power and improve their negotiating into licensing negotiations armed with
leverage. Remember, while translations better and more reliable information and
are required in the service of varying be better positioned to identify, pursue and
functions – and the optimal model for capitalise on new opportunities.
service provider integration and workflow
may differ across those functions – the
basic need is largely the same. Firms can
assess the competency of various providers
to service those functions and negotiate
favourable pricing, which can be applied
consistently across all needs.
A centralised approach also imparts Matt Sekac is senior director at Park IP
the important benefits of consistency and Translations, New York
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