Patent Certificate Translation for France

Brevet, certificat d’utilité and supplementary protection

Industrial protection in France is not confined to the patent (brevet); there is also the shorter-lived utility certificate (certificat d’utilité) and, in fields such as pharmaceuticals, the supplementary protection certificate (certificat complémentaire de protection). The translation reflects correctly which type of protection the document belongs to, since the types differ in duration and in extent; confusing a brevet with a certificat d’utilité, or the other way round, misrepresents the nature of the protection. The type information carried in the document number is likewise preserved as it stands.

The distinction bears on the extent of the translation, because each type of protection may have its own claim structure and level of examination. Which document is to be translated is settled at the outset. As the description, the claims (revendications) and the drawings are assessed together, consistent use of a glossary across texts belonging to the same invention preserves their coherence; units of measurement and technical values are in every case left unconverted, in the form the source gives them.

The priority document and the integrity of the file

In French applications claiming priority, the priority document of the first filing, together with its date and numbers, is the numerical identity of the document and is not altered in translation. A priority date or number that drifts can leave the priority of the application open to dispute. This information is conveyed in the form the source gives it, exactly as it stands; interpreting it or converting it is no part of the translator’s work. INPI or the EPO can then match the file without difficulty.

Patent texts can run to considerable length once the description, the claims (revendications) and the drawings are taken together, and since abridgement or summary is not acceptable, the whole of the text is carried across. Consistent use of a glossary across texts belonging to the same invention protects both the pace of the work and the integrity of the scope of protection. Seeing the size of the job and the density of its terminology at the outset makes it possible to set a realistic delivery time and to head off a delay in the registration timetable.

A patent text addresses two languages at once: the technical language and the language of protection. Render a technical detail in the description wrongly and it becomes impossible to see how the invention works; render a phrase in a claim wrongly and the boundary of protection shifts. Units of measurement and technical values are the most fragile point of that balance; converting a value or turning a unit into its local equivalent changes the technical definition of the invention. Data of this kind are left exactly as written in the source document, for the French office or lawyer to read against their own references.

INPI and EPO validation

Protection in France is obtained either by filing with the national office INPI (Institut national de la propriété industrielle) or by validating in France a European patent granted through the EPO. At the validation stage, a translation meeting the office’s language and formal requirements may be called for; at which stage and to what extent a translation will be needed has to be known from the outset, because the registration timetable is strict.

The London Agreement and the translation of the revendications

France is a party to the London Agreement and in most cases does not require the whole description of a European patent to be translated into French; the claims (revendications), however, draw the boundary of protection, so their translation carries a sensitivity of its own. Rendering a term in a revendication more broadly or more narrowly changes the scope of the invention. The cross-references, numbering and hierarchy between claims are preserved as they stand, and terminological consistency between the description and the claims is secured by a glossary.

What decides the matter is technical accuracy

In patent translation, what usually decides the matter is not notarisation or an apostille but the technical and legal accuracy of the translation; INPI or the EPO applies its own formal requirements. Only in an infringement or invalidity action abroad, for a translation to be submitted to an official body in France, may a sworn translator (traducteur assermenté) listed by a court of appeal or the Türkiye chain come into question; confirm this with the court.

• Do not alter the scope of a claim; preserve the structure of the cross-references.
• Guard dates and numbers like numerical identifiers.
• Confirm with the relevant authority which layer of certification validation or litigation requires.

France is a party to the Hague Apostille Convention; if an apostille is needed, check the current position on the official HCCH list. You can plan your procedure through our single office in Ankara Kızılay, see the cost on our pricing page and request a quotation by uploading your document. This page is for general information; for registration strategy, consult your patent attorney.