The hidden cost of getting patent translations wrong
3 mins
Patent translations are more than words on a page; they are the backbone of an effective IP strategy. They can determine whether patent rights withstand scrutiny or unravel when enforced.
With translation costs accounting for a significant proportion of international patent filing spend, the temptation to prioritise speed or cost over quality is understandable. But it is also a gamble, and one that can cost far more over the life of a patent.
At RWS, we see patent translations not as linguistic exercises, but as legal instruments. The wording of a translation defines the scope, strength, and enforceability of an invention across jurisdictions.
Why accuracy matters
In many jurisdictions, the translated text becomes the enforceable version of a patent. Across Europe, national courts may rely on local language translations when assessing infringement. In countries such as Italy, Poland, and Turkey, a translation error can unintentionally narrow claim scope, leaving patent holders with reduced or unenforceable rights. In some cases, alleged infringers have avoided liability entirely due to defects in translation. Real world case law provides clear illustrations of how translation quality can shape outcomes.
Consider the litigation case of EP1397304B1: originally filed in Finnish and translated into English, the Finnish term for “circular” was translated as “round.” The Opposition and Appeal Division ruled these terms were not equivalent, thus fundamentally altering the patent’s scope. The patent was ultimately revoked.
Mistakes like these aren’t just inconvenient; they can be irreversible. Inaccurate translations can expose patent owners to litigation, invalidation, and lost revenue. The cost of legal fees, reputational damage and missed market opportunities far outweigh any initial savings on the translations.
This risk is amplified in jurisdictions where the filed translation is regarded as the authentic text for determining third party infringement. For example, in the Netherlands, a first instance court limited the scope of protection of EP2029941 based explicitly on the wording of the Dutch translation of the claims.
Poor translation quality can also have procedural consequences. In appeal proceedings for EP1835015, the EPO Technical Board of Appeal found that a machine translated paragraph was so unclear that no unambiguous technical information could be derived from it. As a result, the application had to be re examined based on a certified translation, leading to additional cost, delay, and procedural uncertainty for the applicant.
These cases underscore a simple but critical point: patent translations are a legal instrument, not an administrative formality. Accuracy, consistency, and subject matter expertise are essential to protecting the full value of a patent across jurisdictions.
Our proven expertise
At RWS, we have built a reputation for quality in patent translation through decades of experience, rigorous quality assurance, and a deep understanding of the legal frameworks that govern patent prosecution and enforcement.
Our approach combines advanced language technology with specialist human expertise, ensuring translations are not only accurate and timely, but fit for their legal purpose across jurisdictions.
How technology is changing patent translation
Advances in AI powered translation have opened new opportunities for efficiency and cost control. However, patents present a uniquely high risk use case, where accuracy, consistency, and legal nuance are non negotiable.
At RWS, we believe the answer lies in Genuine Intelligence™: combining human expertise with cutting-edge technology. Patent attorneys and corporate IP teams increasingly turn to specialized providers like RWS Protect, where language technology, AI and human oversight work together to deliver speed, consistency, and accuracy.
The bottom line
Patent translations are not just a step in the filing process; they are a strategic safeguard for innovation. Cutting corners on quality can undermine enforceability, increase litigation risk, and erode long term value.
With the right combination of expertise and technology, patent owners can protect their IP with translations that are accurate, enforceable, and built to stand up to scrutiny, today and in the future. Click here to learn more.