Patenting for Inventors Ep. 179: Lost in Translation: How Bad Patent Translations Can Kill Your Global Rights

Patent translation is not a clerical task—it's a legal and technical exercise that can make or break your international patent strategy.

On this episode of Patenting for Inventors, Adam Diament, registered patent attorney at Nolan Heimann, walks through the hidden dangers of translating patents into foreign languages. From the difference between "comprises" and "consists only of" to how optional features can accidentally become mandatory, small translation choices carry enormous legal consequences.

What You'll Learn:

• Why Patent Language Is Not Ordinary Language: Terms like "comprises," "configured to," "substantially," and "about" have precise legal meanings that can shift dramatically in translation

• The "May Include" Problem: How removing a single word can transform an optional feature into a requirement—and narrow your claim's scope

• Consistency Across Languages: Why using three different foreign-language terms for "control module" can confuse examiners and weaken your position

• Numbers, Units, and Conventions: How different countries format decimals, ranges, and measurements—and why "approximately 10 millimeters" is not the same as "10 millimeters"

• The Claims Come First: Why the claims deserve the most careful translation work, since they define your legal protection

• Foreign Amendments and Fallback Positions: How a poor translation can blur the layers of protection in your application and make later amendments impossible

• Deadlines and Planning: Why waiting until the last days before a national-phase deadline to find a translator is a recipe for disaster

• Choosing the Right Translator: Why bilingual is not enough—you need someone who understands patent drafting, local examination practice, and technical terminology

Adam shares practical examples of translation mistakes that only surface years later, when you're prosecuting the patent abroad or trying to enforce it against a competitor. He also walks through a strategic approach to choosing which countries actually matter commercially—and why filing everywhere can waste your budget without creating real business value.

Whether you're planning your first international filing or managing prosecution across multiple countries, this episode offers a masterclass in why translation quality determines patent quality.

Patenting for Inventors Ep. 179:

Podcast Transcript:

Hello, and welcome to the Patenting for Inventors podcast. I’m your host, Adam Diament, a registered patent attorney and partner at Nolan Heimann in Los Angeles, California. 

This episode is called “Lost in Translation: How Patent Translation Mistakes Can Hurt Your International Rights.” 

Let’s start with a simple question: If you already have a patent application written in English, how hard can it be to translate it into another language and file it in another country? You might think, “I can put it into Google Translate, have someone check it, and move on.” Unfortunately, patent translation is not that simple. When you translate a patent, you are not just translating ordinary words. You are translating legal rights. Small wording choices can affect what your patent protects. 

Why Patent Translation Is Different - Patent language has special meanings. For example, a patent claim might say that a device “comprises” certain parts. In ordinary English, someone might read that as meaning the device contains only those parts. But in patent law, “comprises” usually means the device includes those parts but may also include additional parts. 

So imagine a claim saying: “A phone case comprising a battery and a light.” 

That usually means the phone case has a battery and a light, but it may also have a cover, a clip, a screen, or other features. 

If the translator uses a foreign-language term that means “consists only of,” the claim may become much narrower. It could accidentally suggest that the case contains nothing beyond the battery and light. That one translation choice could make it easier for a competitor to avoid the claim. 

Other patent phrases that can create problems include: 

• “one or more”; 

• “at least one”; 

• “configured to”; 

• “adapted to”; 

• “substantially”; 

• “about”; and 

• “optionally.” 

These phrases may look simple, but they can carry legal consequences. 

For example, compare: “a sensor configured to measure temperature” with: “a sensor that measures temperature.” 

The first phrase may describe what the sensor is designed or programmed to do. The second may suggest that the sensor must actually be performing the measurement. A translator who treats those phrases as interchangeable may change the meaning of the claim. 

An Example of a Small Mistake - Imagine that your English claim says: “The device may include a removable battery.” The word “may” tells the reader that the battery is optional. 

Now imagine that the translation makes the sentence say: “The device includes a removable battery.” The optional feature has become mandatory. That can affect both the scope of the claim and your ability to make amendments later. The reverse problem can happen too. A translator might make an important feature sound optional, weakening the claim or creating an argument that the specification does not support the claimed invention. 

Different Countries Have Different Rules - Patent offices do not all interpret patents in exactly the same way. Some countries focus heavily on the exact wording of the claims. Others place more emphasis on the description and drawings. Some offices are comfortable with certain expressions that may seem unusual in another country. That means a translation that sounds acceptable in one country may create problems in another. 

Suppose your English application describes a “portable medical monitor.” In one country, the translated term may clearly mean a device worn or carried by a patient. In another country, the term may be interpreted broadly enough to include a large hospital monitor. That difference could affect the prior art the examiner considers and the products covered by the claim. This is why patent translation is not simply a language exercise. It is a legal and technical exercise. 

Why General Translation Tools Can Be Risky - Machine translation and artificial intelligence can be useful for understanding a foreign document. They can help you get the general idea of an office action, a patent, or a letter. But using machine translation as the final version of an official patent filing can be risky. Patent language is full of ambiguity, and the ambiguity is not always accidental. Sometimes a word is chosen because it gives the applicant flexibility. A machine may “correct” that wording into something more natural but legally narrower. 

Consistency Matters - Another common problem is inconsistency. Suppose your English application uses the term “control module” throughout the claims and description. If the translator uses three different foreign-language terms, an examiner may wonder whether those terms refer to three different structures. Even if you intended them to mean the same thing, the inconsistency may create confusion. 

The same problem can occur with: 

• component names; 

• chemical terms; 

• technical steps; 

• defined terms; 

• reference numbers; and 

• names of materials. 

The claims and the description should generally use consistent terminology unless there is a deliberate reason to do otherwise. 

Numbers and Units Can Cause Problems - Numbers may seem less complicated than legal language, but they can also create errors. 

Different countries use different conventions for: 

• decimal points; 

• commas; 

• thousands separators; 

• units of measurement; 

• temperature; 

• dates; and 

• ranges. 

For example, in one country, “1.5” means one and a half. In another writing convention, a comma may be used instead of a decimal point. 

A range can also be changed accidentally. Compare: “between 10 and 20 millimeters” with: “10 or 20 millimeters.” The first covers values throughout the range. The second may cover only two specific values. Similarly, “approximately 10 millimeters” is different from “10 millimeters.” A careless translation can remove useful flexibility. 

Translation Deadlines Matter - When entering the national phase of a PCT application, many countries require a translation by a specific deadline. If the translation is late, the application may be abandoned or incur additional fees. If the translation is filed on time but contains a serious error, fixing it later may be difficult or impossible. That is why translation should be planned early. 

Do not wait until the last few days before a national-phase deadline to find a translator. Earlier planning gives you time to: 

• choose a specialist; 

• provide terminology instructions; 

• review important claim language; 

• correct inconsistencies; and 

• coordinate with foreign counsel. 

The Claims Deserve the Most Attention - The claims are especially important because they define the legal scope of the patent. One practical approach is to have the claims translated or reviewed by someone with patent experience in the relevant language and technology. The specification and claims should then be compared carefully to make sure they match. 

You should ask questions such as: 

• Did “one or more” remain “one or more”? 

• Did an optional feature become mandatory? 

• Did a process become merely a result? 

• Did a material change into a different material? 

• Did a broad term become narrower? 

• Did a narrow term become broader? 

• Are the same technical terms used consistently? 

The goal is not merely a translation that sounds natural. The goal is a translation that preserves the intended legal meaning. 

Foreign Amendments Create Another Challenge - Patent prosecution does not necessarily end after the application is filed. If a foreign examiner issues a rejection, the claims may need to be amended in the local language. For example, suppose an examiner says that the prior art discloses a device with a sensor. You may want to amend your claim to require that the sensor is positioned inside a particular housing. That amendment must be expressed accurately in the foreign language and supported by the original application.If the translation makes the housing sound different from the housing described in the original English application, you could face a support or added-matter problem. This is why foreign prosecution should be coordinated with the original drafting and with prosecution in other countries. An amendment that works in one country may not be appropriate in another. 

Do Not Forget Fallback Positions - A strong patent application usually includes multiple layers of protection. 

For example, the broadest claim might cover: “A device including a sensor.” 

A narrower claim might cover: “The device of claim 1, wherein the sensor is positioned inside a removable housing.” 

An even narrower claim might require: “The sensor to be positioned within five centimeters of the power source.” 

These are fallback positions. If the broad claim is rejected, you may rely on the narrower claims. A poor translation can blur those layers. A distinction that is clear in English may disappear in another language. If two different claim limitations are translated using the same vague term, you may lose the ability to explain why the claims cover different versions of the invention. 

How to Manage the Process - If you are considering foreign patent protection, start by deciding which countries actually matter commercially. 

Ask: 

• Where do you expect to sell the product? 

• Where are your competitors located? 

• Where might the product be manufactured? 

• Where would copying cause the most damage? 

• Where might licensing opportunities exist? 

Every additional country increases: 

• translation costs; 

• filing fees; 

• attorney fees; 

• reporting requirements; and 

• prosecution expenses. 

Filing everywhere may sound impressive, but it can use up a budget without creating meaningful business value. 

After choosing the important countries, work with translators and attorneys who understand: 

• the technology; 

• patent drafting; 

• local examination practice; and 

• the terminology used in that country. 

The best translators are not merely bilingual. They understand how technical language functions inside a patent. 

The Main Lesson - Patent translation is not clerical work. It is part of building and protecting your patent rights. 

The goal is not simply to convert English words into another language. The goal is to preserve: 

• the technical meaning; 

• the legal scope; 

• the fallback positions; 

• the definitions; 

• the distinctions between alternatives; and 

• the support for future amendments. 

A translation mistake may not be obvious when the application is filed. You may discover it years later when you are responding to a foreign examiner or trying to enforce the patent. By then, it may be too late to fix. So plan translations early, use patent-qualified translators, keep terminology consistent, and have the important claim language reviewed carefully. 

That’s it for today’s episode. I’m Adam Diament, and if you need help filing a patent application or protecting other intellectual property, you can call me at 424-281-0162. 

Until next time, I’m Adam Diament. Keep on inventing!