Patent Certificate Translation for Germany

Type of document: publication and grant stages

A German patent file takes different forms at different stages: the document in which the application is published (Offenlegungsschrift) is one thing, the document evidencing the granted patent (Patentschrift) another, and the utility model (Gebrauchsmuster) certificate is a separate type of right again. The translation reflects correctly which stage and which type of right the document belongs to, because a publication document and a granted patent certificate do not carry the same legal weight. The type codes in the document number mark that distinction too, and they are preserved as they stand.

The distinction also bears on the extent of the translation: in a granted patent the claims have taken their final form, whereas in a published application they may still change. Which stage of document is to be translated is settled at the outset, since uncertainty on this point can lead to needless repetition. As the description, the claims and the drawings are assessed together, consistent use of a glossary across texts belonging to the same invention preserves the coherence between stages and the continuity of the scope of protection.

Translation in litigation and the priority document

Patent disputes in Germany are for the most part heard before specialist courts, and in an invalidity or infringement action the court assesses the extent of protection through the translation of the claims. At this stage the technical and legal accuracy of the translation is decisive, because a single term drifting can affect the outcome of the case. The layer of certification a case calls for is set by the court’s own procedure; confirm it with your attorney and with the court.

In applications claiming priority, the priority document of the first filing (Prioritätsbeleg), together with its date and numbers, is the numerical identity of the document and is never altered in translation. A date in the priority document that drifts can leave the priority of the application open to dispute. Since documents of this kind form part of a patent family, consistent use of a glossary across texts belonging to the same invention preserves the coherence between applications.

A patent text addresses two languages at once: the technical language the engineer understands and the language of protection the lawyer reads. 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 and leaves the scope unclear before the DPMA or a court.

The DPMA and EPO validation

An invention may be protected in Germany either by a national filing made directly with the DPMA (Deutsches Patent- und Markenamt) or by validating in Germany a European patent granted through the EPO. At the validation stage, a translation meeting the office’s language and formal requirements is called for; at which stage and to what extent a translation will be needed has to be known from the outset, because patent procedures run to tight timetables.

The London Agreement and the translation of the claims

Because Germany is a party to the London Agreement, a full German translation of the description is in most cases not required for European patents; the language requirements for the claims (Patentansprüche), however, are separate, and the translation of the claims draws the boundary of protection directly. A word in a claim shifting to a broader or a narrower term changes the scope of the invention. The reference numbers and the hierarchy between dependent and independent claims are preserved as they stand, and terminological consistency between the description and the claims is secured by a glossary.

The Gebrauchsmuster (utility model) distinction

Alongside the patent, Germany also recognises utility model (Gebrauchsmuster) protection, and the two rights differ in examination and in extent. Which type of right the document concerns is reflected correctly in the translation; equating a patent certificate with a utility model, or the other way round, misrepresents the nature of the protection.

What decides the matter is technical accuracy, not certification

In patent translation, what usually decides the matter is not notarisation or an apostille but the technical and legal accuracy of the translation; the DPMA or the EPO applies its own formal requirements. In an infringement or invalidity action, on the other hand, the layer of certification the court asks for comes into play.

• Do not alter the scope of a claim; do not disturb the structure of the cross-references.
• Guard dates and numbers like numerical identifiers.
• Plan the validation timetable at the outset; translation is not left until last.

Germany 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.