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Jan 15, 2016

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Korean Patent Translation: Fundamentals and Current Guidelines

Korean Patent Translation: Fundamentals and Current GuidelinesBy Carl SullivanWhy Korean patent translation?Worlds 4th most common patent country (Japan, US, China, South Korea, Germany, in orderthese are the big five)Booming economyGreat foodAnd

PSY!

My Evolution as a Korean Patent TranslatorWIPO Websitehttp://www.wipo.int/moodle/http://www.wipo.int/moodle/course/category.php?id=6Guidelines for the Translation of Patentability Reports (K-E)Guidelines for the Translation of Abstracts (K-E)

Fundamental Goals in Patent Translation (from WIPO)All translations should be written in clear, idiomatic English that communicates the meaning of the original text in an understandable way. The most important aspects of abstract translation are accuracy of terminology, completeness (no omission or addition of information) and an absence of grammatical errors.Every effort should be made to use the most accurate, domain-specific and target-language-equivalent technical terminology in each translation

The IPC code that may accompany an abstract can be helpful in orienting the search for correct terminology. The IPC can be searched in English on the WIPO site at:http://web2.wipo.int/ipcpub/#refresh=page and a Korean version is available at:http://www.patent.go.kr/jsp/ka/menu/support/main/SupportMain0601.jspExamplesThe following sections include a variety of examples consisting of an excerpt from a Korean abstract and one or more translations of the excerpt.Titles The title of an invention states in very succinct terms the basic character of what is claimed. There are certain syntactic conventions observed in English titles which are easily understood compound nouns and noun phrases predominate; articles are not used; active verbs generally appear as gerunds.

Ex:

WASTEWATER TREATMENT APPARATUS

A WASTEWATER TREATMENT APPARATUS

METHOD AND DEVICE FOR RECEIVING DOWNLINK SIGNAL

METHOD AND DEVICE FOR RECEIVING A DOWNLINK SIGNAL

COMPRESSION MOLDING APPARATUS AND COMPRESSION MOLDING METHOD

COMPRESSION MOLDING APPARATUS AND METHOD

COMPRESSION MOLDING APPARATUS AND METHOD THEREFOR

Pronoun Use The meaning of Korean pronouns and should be preserved in the English translation, while avoiding the use of it or its.

Ex: HEAT SPREADER AND METHOD FOR MANUFACTURING SAMEHEAT SPREADER AND MANUFACTURING METHOD THEREFORHEAT SPREADER AND ITS MANUFACTURING METHODHEAT SPREADER AND METHOD FOR MANUFACTURING IT

PAD FOR TOUCH PANEL AND TOUCH PANEL USING SAMEPAD FOR TOUCH PANEL AND TOUCH PANEL USING THEREOFPAD FOR TOUCH PANEL AND TOUCH PANEL USING IT

, SELENAZOL DERIVATIVE, PREPARATION METHOD THEREFOR AND USE THEREOFSELENAZOL DERIVATIVE, ITS PREPARATION METHOD AND ITS USE

METHOD FOR PREPARING PARTICLES AND PARTICLES PREPARED THEREBYMETHOD FOR PREPARING PARTICLES AND PARTICLES PREPARED THEREOF

Introduction of InventionTypical opening phrases and suggested translation approaches:/ .The present invention relates to .

Ex: .The present invention relates to an advertising panel for restrooms comprising .

Introduction of Invention (continued)/ , ./ , .The present invention relates to and, more particularly, to .The present invention relates to and, more specifically, to .

Ex: , .The present invention relates to a broadband wireless access system and, more specifically, to the structure of an efficient signaling header in a broadband wireless access system.

Introduction of Invention (continued) .The present invention provides

Ex: .The present invention provides a carbon nanotube conductive film and a method for manufacturing same.

Introduction of Invention (continued)In the case of long and complex sentences, clarity may be improved by reversing the structure and using a colon and semicolons.

Ex: ; ; .Provided are: a primer for detecting mycobacterium tuberculosis and nontuberculous mycobacteria; a mycobacterium tuberculosis and nontuberculous mycobacteria detection kit comprising the primer; and a method for detecting mycobacterium tuberculosis and nontuberculous mycobacteria.

Introduction of Invention (continued)() . . is/are disclosedDisclosed is/are .

With short sentences, this structure is preferred:Ex: .A compound for an organic photoelectric device and an organic photoelectric device comprising same are disclosed.

Note: ... should not be translated as The present invention discloses because an invention does not disclose something.

Introduction of Invention (continued)With long sentences, this structure is preferred:

Ex: .Disclosed is a method for transmitting a sounding reference signal from a terminal to a base station in a radio communication system to which carrier aggregation is applied.

Introduction of Invention (continued)Disclosed in the present specification... . is/are disclosed in the present specification.Disclosed in the present specification is/are .

With short sentences, this structure is preferred:

Ex: .

A method and a device for encoding or decoding video signals are disclosed in the present specification.

With long sentences, this structure is preferred:

Ex: .

Disclosed in the present specification is a method for transmitting sounding reference signals from a terminal to a base station in a radio communication system to which carrier aggregation is applied.

The purpose/objective of the present invention is to . . . .The purpose/objective of the present invention is to .Ex: .The purpose of the present invention is to provide a comfortable shoe by manufacturing the shoe using a last having the same shape as that of a human foot.The objective of the present invention is to provide a comfortable shoe by manufacturing the shoe using a last having the same shape as that of a human foot.The object of the present invention is to provide a comfortable shoe by manufacturing the shoe using a last having the same shape as that of a human foot.

Note: The translation object should be avoided, as this expression may be misinterpreted to signify a physical object; in addition, the translation is intended to should be avoided as it introduces ambiguity as to whether the purpose is achieved or not, and the translation intends to should be avoided because inventions are inanimate and thus are not capable of forming intent.

Definite and Indefinite Articles

In abstracts, the first time a feature is mentioned it is typically preceded by the indefinite article, and subsequent references to the same feature are preceded by the definite article. These examples demonstrate this principle:

Ex: , , , ; , .The present invention relates toanadjustable preload-type linear guide system.Theadjustable preload-type linear guide system according to the present invention comprises:abase member provided withabase body, andapair of base rails disposed parallel to each other onthebase body; andaslide member provided withaslide body, andapair of slide rails disposed ontheslide body so as to facethepair of base rails.

Note, however, that unique or specific attributes, or inherent properties (height, width, length, diameter, ratio, speed, temperature, orientation, direction, top, bottom, etc.) will take the definite article the first time they are mentioned.

Ex: , .The present invention relates toaheating device comprisingaheating chamber,aheater andatemperature measurement unit for measuring thetemperature insidetheheating chamber.

Singular/PluralKorean abstracts often do not clearly indicate whether there isoneof (ora) certain element ora plurality ofa certain element in an invention. In some cases, logic will dictate that there must be more than one of a given element, while in other cases, the drawing may illustrate the number of each element used in an invention.

Ex: .The present invention relates toalight-emitting element comprising electrodesandanorganic layer sandwiched therebetween.(The expression makes it clear that there are multiple electrodes.)

Ex: , .Anupper roll andalower roll, around which piecesof blind fabric are wound respectively, .(The expression makes it clear that there are multiple pieces of blind fabric.)

Occasionally, it will be impossible to determine whether there is one or a plurality of a certain element in an invention, in which case the translator may use the singular form because the singular form does not exclude the possibility of there being more than one such element, whereas the plural form excludes the possibility of there being only one element.

Placement of Syntactic Elements

Carefully consider how the juxtaposition of words and phrases can affect meaning or clarity. When deciding the placement of syntactic elements, use best judgment to achieve clarity.

Placing the adverbial phrase near the verb can be helpful in achieving clarity when the object of the verb is a long phrase:

75 ~ 85 , 15 ~ 25 , L- 0.5 ~ 5 .The present invention provides a composition for preventing or relieving obesity or diabetes, the composition comprising,as active ingredients, 75-85 parts by weight of Garcinia cambogia extract, 15-25 parts by weight of soy peptides, and 0.5-5 parts by weight of L-carnitine.

Placement of Syntactic Elements (continued)Placing the indirect object near the performer of the action can be used to ensure that a translation does not introduce ambiguity:

Ex: .The base station apparatus transmits,to the terminal apparatus, power setting parameters for communication.The base station apparatus transmits power setting parameters for communication to the terminal apparatus.

Placement of Syntactic Elements (continued)In other instances, placing the direct object near the performer of the action provides better readability. In this example, the direct object is a short phrase and the indirect object is a long phrase:Ex: .The base station transmitsa channel assignment messageto the mobile station which transmits a location signal.

Relative clauses

In addition, care should be taken that relative clauses be structured so that it is absolutely clear what the clause is modifying. Ex: a pair of runnerswhichare able to move along a pair of rails and whichare connected to the drawing membera pair of runnersthatare able to move along a pair of rails,which are connected to the drawing member(In this translation, which are connected modifies the rails, not the runners.)

Relative clauses (continued)

Given that the use of relative clauses can give rise to confusion,it is preferable to use structures that do not hinge on that or which when possible.Ex: .This signal processing device comprises a reception unitforreceiving signals from a base station, and a processing unitforprocessing the received signals.This signal processing device comprises a reception unitwhichreceives signals from a base station, and a processing unitwhichprocesses the received signals.

Splitting Up of Long PortionsAn abstract may include text extracted from a patent claim which has been drafted as a single, and often long, sentence. While not advisable when translating a claim, it is permissible and often advisable to split up long sentences for the sake of clarity in an abstract. When splitting a long Korean sentence during translation, care must be taken not to add or omit any text and to maintain the correct subject for each sentence.Ex: , , , 1, 2 , 2, , 1, 1 1 2, 2 1 2 2 .

Disclosed is a nail art device comprising: a finger holder for fixing a finger; and a printer unit for printing an image on the nail of the finger fixed by the finger holder. The printer unit includes: a printer head provided on the printer head frame; a first moving unit for moving the printer head left and right; and a second moving unit for moving the printer head frame forwards and backwards. The second moving unit includes: a driving motor; a first driving member that is driven by the driving motor; a second driving member that is spaced apart from the first driving member and which guides the forward-and-backward movement of the first driving member; and a second driving member elevating module for elevating the second driving member so that the second driving member comes into close contact with the first driving member.

Pronouns

Pronouns such as it, them and they should not be used to indicate the elements of an invention, as such expressions can often lead to confusion. However, the use of it as a dummy pronoun (e.g., It is possible to) is acceptable.

In the case that a Korean abstract includes a demonstrative (e.g., or ), the demonstrative should be rendered using a different expression (e.g. therefor, thereof, same). When the element or feature to which the demonstrative refers in the translation is located far from the demonstrative, which is located close to the referred element or feature in the Korean text, the demonstrative should be eliminated by repeating the noun to achieve clarity.

Ex: ORGANIC COMPOUND AND METHOD FOR PRODUCING SAMEORGANIC COMPOUND AND PRODUCTION METHOD THEREFORORGANIC COMPOUND AND ITS PRODUCTION METHODORGANIC COMPOUND AND METHOD FOR PRODUCING IT

ORGANIC COMPOUND AND DERIVATIVE THEREOFORGANIC COMPOUND AND ITS DERIVATIVE .The present invention relates to: a semiconductor device which has a stacked array structure and can be applied to a memory device as well as to a switching device; and a NAND flash memory array usingthe semiconductor deviceas a memory device.The present invention relates to: a semiconductor device which has a stacked array structure and can be applied to a memory device as well as to a switching device; and a NAND flash memory array usingsameas a memory device.

Pronouns (continued)Adverbs such as therein, thereon, therebetween and thereunder are useful for avoiding repetition or sentences that would otherwise end awkwardly in a pronoun. Care should be taken to place these adverbs in the proper position. an organic electroluminescent element comprising a pair of electrodes and at least one organic layer sandwichedtherebetween

Initialisms and Acronyms

If a Korean source text includes an initialism or acronym that is used in English without including the expansion thereof, then it is not necessary to explicate the initialism or acronym.

If a Korean source text includes an initialism or acronym together with the expansion thereof, then the initialism or acronym should be placed inside parentheses immediately following the concept it denotes the first time the concept is indicated in the translation, regardless of the structure used in the original.

Ex: OFDM .Provided is a wireless communication method using an OFDM modulation scheme.

Ex: OFDM(orthogonal frequency division multiplexing) .Provided is a wireless communication method using an orthogonal frequency division multiplexing (OFDM) modulation scheme.Provided is a wireless communication method using an OFDM (orthogonal frequency division multiplexing) modulation scheme.

Empty Verbs

Verbs such as and need not always be rendered literally as performing, carrying out, etc.

In some instances, these so-called empty verbs can be omitted when there is a more idiomatic alternative in English.Ex: a means fortreatingthe surface of a substratea means for performing treatment of the surface of a substratePhonetic Term Equivalents

Although Korean terms rendered in phonetic transcriptions are often derived from English terms, it is not always appropriate to simply use the English equivalents of the phonetic terms.

Ex: BICYCLE HANDLE BAR STEERING WHEEL FOR VEHICLE

a device to be controlled

a mobile phonea cellular phonea handphone31Phonetic Term Equivalents (continued)In some cases identical or similar phonetic expressions are used to signify very different concepts in English.Ex: SEMICONDUCTOR LEAD FRAME DEVICE FOR STERILIZING REED FOR WIND INSTRUMENT POLYCRYSTALLINE SILICON WAFER SILICONE RESIN COMPOSITION

Missing Subjects

Sometimes necessary to add the appropriate subject to the English translation of a Korean sentence. Such additions should only be made when the subject of the sentence is unambiguous; otherwise, translators may attempt to resolve the problem by translating the sentence in the passive voice.Ex: a wireless terminal on which a user wants to download a particular application

Korean abstract often use the symbol to delimit ranges; this symbol should be replaced with a hyphen or the word to.Ex: can be written:1-20 wt%1 to 20 wt%

In addition, ranges expressed using the notation and may be translated in a variety of ways.Ex: can be written:greater than or equal to 2at least 22 or morenot less than 2

can be written:less than or equal to 5at most 55 or lessnot more than 5

can be written:2-52-5 inclusiveNote: This list is not exhaustive; the appropriate expression for a given context should be used (e.g. longer, heavier, higher, taller, more, etc.).

Numbers

The numbers one through nine, cardinal or ordinal, should be written out in full (e.g. two elements, first step) unless expressing a measurement (e.g. 2 mm, 7 m/s) or a range (e.g. 1-5 g). As of 10, the pure numerical form is used (e.g. "12 elements","14 grooves","36 perforations").

Comprises vs. Consists of

The expression an inventionconsisting ofa first element and a second element signifies that the invention includes only a first element and a second element,and nothing more. Meanwhile, the expression an inventioncomprisinga first element and a second element signifies that the invention includes a first element and a second element,and may also include other constituent items. Note that proper usage is for a whole to comprise various parts (a book comprises pages); the reverse relationship uses the verb compose (pages compose a book) or constitute (pages constitute a book). As a matter of style, the expression is comprised of should be avoided.In Korean, the expression delimits a non-exhaustive list, and thus should be rendered as comprise. Meanwhile, the expression () delimits an exhaustive list, and therefore should be translated as consist of. The expression falls somewhere in-between, limiting the scope of a claim to the specified materials or steps and those that do not materially affect the basic and novel characteristic(s) of the claimed invention, and thus should be translated as consist essentially of.

Ex: , ; , .The present invention relates to an adjustable preload-type linear guide systemcomprising: a base member provided with a base body, and a pair of base rails disposed on the base body, one parallel to the other; and a slide member provided with a slide body, and a pair of slide rails disposed on the slide body to face the pair of base rails.

Comprises vs. Consists of(continued)Ex: 1 , .R1 is selected from the groupconsistingof phenyl groups, benzyl groups and nitro groups.Note: The expression should always be translated as selected from the group consisting of .

C H, C H O .The surface layer may further contain an organic resinconsisting essentially ofC and H, or C, H and O.

Steps

In cases where a method or process is presented as comprising a sequence of steps, the standard formulation is comprises the steps of: . When the Korean text contains the expression or , the translation may be rendered as comprises the following steps: ... However, translators should not add the expression the following steps if there is no such indication in Korean. In addition, when the Korean text does not contain the expression , the translator should not add the step(s).

Ex: , 1) , 2) , 3) .The coating method according to the present inventioncomprises the steps of: 1) preprocessing the surface of a titanium or titanium alloy implant; 2) preparing a calcium phosphate ion solution by mixing a phosphate ion solution and a calcium ion solution; and 3) storing the titanium or titanium alloy implant in the prepared phosphate ion solution.

Ex (no steps): , , .The present invention relates to a coating methodcomprising: preprocessing the surface of a titanium or titanium alloy implant; preparing a calcium phosphate ion solution by mixing a phosphate ion solution and a calcium ion solution; and storing the titanium or titanium alloy implant in the prepared calcium phosphate ion solution.

Steps (continued)When the Korean text contains the names of steps, the names should be preserved in the translation. For example:

, ; 1 ; 1 ; 2 ; .

The method for manufacturing a polycrystalline silicon thin film according to the present inventioncomprises: a metallic layer formation step forforming a metallic layer on an insulation substrate;a first silicon layer formation step forlaminating a silicon layer on the metallic layer formed in the metallic layer formation step;a first heat treatment step forforming a silicide layer by allowing metal catalyst atoms to be transferred from the metallic layer to the silicon layer;a second silicon layer formation step forlaminating an amorphous silicon layer on the silicide layer;and a crystallization step forforming crystalline silicon on the amorphous silicon layer by using particles of the silicide layer as a mediator.WhereinIn English patent language, the expression wherein is generally used to provide limitations and descriptions to the element of an invention which has been previously mentioned.Ex: 1 2 , 1 1 .The present invention relates to a heat exchanger comprising a first air passage and a second air passage,whereinthe first air passage is provided with a first fan unit and a plurality of heat dissipation tubes.

Means-Plus-Function Language

Often the elements of an invention will be described generically in terms of the functions thereof; in such cases, it is common to use the structure [element] for [function].

Ex: .The signal processing device comprises a reception unitforreceiving signals from a base station, and a processing unitforprocessing the received signals.

It is common practice in Korean to refer to the invention as . This expression should be rendered as the present invention.

Ex: .The present inventionprovides a novel diamine compound represented by formula (1).

Formed WithThe expression ~ B A should be translated as A having B (formed) on/in/, rather than as A formed with B on/in . This structure can also be applied to , , etc.

Ex: a rear panelhavingan advertising panel fixing groove(formed) on the front surface thereofa rear panelformed withan advertising panel fixing groove on the front surface thereof

a lower pack casehavingthe protection circuit modulemounted thereina rear panelmounted withthe protection circuit module

Although this character can literally be translated as each, it is often used to make the associated noun plural (due to the lack of a grammatical plural in Korean). Thus, could be translated as each element, but in many cases the translation respective elements or elements will also be appropriate.

is typically used to refer to an element, feature or step that has been presented earlier in the abstract. This expression can generally be translated as the, which is always preferable to said.

Ex: , ; , .The present invention relates to an adjustable preload-type linear guide system comprising: a base member provided with a base body, and a pair of base rails disposed parallel to each other onthebase body; and a slide member provided with a slide body, and a pair of slide rails disposed on the slide body so as to facethepair of base rails.

Ex: 1 , , .Provided are: a polynucleotide including the base sequence represented by SEQ ID NO: 1; a transformant includingthe polynucleotide; and a method for producing fatty acids usingthe transformant.

(continued)Due to the structural differences between the Korean and English languages, it is common for the order of the clauses in a sentence to be reversed during the translation process. In such cases, it is necessary to ensure that the expression does not refer to a nonexistent statement.

Ex: controlling the speed of a vehicle according to the inclination angle ofthevehiclecontrolling the speed ofthevehicle according to the inclination angle of a vehicle

The expression is often used to designate the direct object of an action, and thus in many cases does not have to be translated literally.

Ex: the mobile terminalto whichSRS transmission resources are to be allocatedthe mobile terminal that is the SRS transmission resource allocation target

the subjectbeingmonitoredthe monitoring target

It is not always appropriate to render the genitive construction in Korean as of in English. Often the relationship between the two nouns is better expressed in other ways. For example:

Ex: the openinginthe wall

1 the mixtureobtained inthe first step

,

/ [noun] should be translated as a plurality of [nouns] or multiple [nouns]; the translation plural [nouns] should be avoided.

2

Although 1 2 can literally be translated as one or two or more, the translation one or more is sufficient. Similarly, can literally be translated as at least one or more, but the translation at least one is sufficient.

This expression is highly context sensitive, and is often rendered as part, section or unit. The translation section is preferred when describing a specific portion of a larger element; and the translation unit is preferred when describing an electrical structure for performing a process.Ex: processing unit

Drawings

Complete instructions for the translation and associated handling of the drawings associated with abstracts are set out in a separate document, theGuidelines for the Translation of Korean Drawings. This document provides clear guidance on all aspects of drawing translation, and particularly addresses how to add manual references to TIFF images.Adherence to the drawing guidelines is mandatory. If you have not received the drawing guidelines, please contact the PCT Translation Service immediately to obtain a copy.

TerminologyAn extensive patent glossary is provided on the WIPO website