Searching for patentability

Assuming that a claimed invention provides a novel solution to a technical problem, and considering that prior art/literature searches as well as product searches constitute the preliminary phase of a patenting journey—at the end of which a decision is made either to proceed or to abandon the effort—we implement our custom multilingual search and scan algorithm to extract maximum value from available data sources.

Given that the entire process, including the search phase, can be highly costly in terms of both time and money—even after a patent is granted—the decision made at this stage is of crucial importance.

In this context, we focus in depth on the knowledge underlying a claimed invention, its independent claim(s), and the components thereof. By applying the so-called "problem-solution" approach to identify the closest prior art, we establish a solid starting point. During this process, we pay close attention to terminology, which may range from generic expressions to industry-specific jargon, as well as to the potential ambiguity of terms used in prior art documents. An efficient brainstorming session conducted thereafter yields a list of target keywords under the appropriate patent classifications. Based on this dataset, we conduct comprehensive searches across various public and private patent and non-patent literature databases to maximize the use of available resources.

Taken as a whole, we prepare a report that takes into account any material that may partially or entirely affect the patentability of the claimed invention with respect to novelty and inventive step. Finally, when searching for something that, paradoxically, we hope not to find, we take particular care to avoid bias and to maintain the objectivity of the search process.

From translation to drafting

Our work in proofreading, editing, and drafting patent applications is a natural extension of our translation activities. Through this work, we have had numerous opportunities to translate legal texts for various patent authorities, as well as thousands of patent and utility model applications.

Moreover, translation has provided us with the perspective to clearly distinguish between well-written and poorly written patent texts.

Translating a well-written text can generally be considered a straightforward task, provided that the translator in charge possesses the necessary subject-matter and linguistic expertise.

By contrast, translating a poorly written text often presents a significant challenge. It requires the translator to delve deeply into the content and, from an ethical standpoint, to decide whether to decline the task or to accept it and effectively assume the additional role of a quasi-editor.

In this context, editing can be considered to have two dimensions. The first, which largely corresponds to proofreading, is relatively less demanding, although it may still require sufficient understanding of the subject matter to produce a fluent and coherent text. The second dimension, corresponding to substantive editing, requires the translator to possess, or to develop, a solid understanding of the subject matter in order to make necessary amendments and corrections to the original text, typically in coordination with its author.

In summary, our involvement in proofreading, editing, and drafting has evolved organically from our translation activities. As a result, we are able to offer patent attorneys both drafting and translation services performed by the same professional.

In doing so, we adhere to the rules and conventions of the European Patent Office (EPO), the World Intellectual Property Organization (WIPO), the United States Patent and Trademark Office (USPTO), and the Turkish Patent and Trademark Office (TPTO).