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Certified Document Translation Services, Attorney-Client Relationship and the America Invents Act

Patent Translation Services for IP Attorneys and Patent Owners

Foreign-language legal document review process and certified legal document translations are integral parts of foreign language translation services for patent litigation and patent infringement prosecution. We’ve blogged about partial translations in complex patent cases and about document translation in the context of pre-invention contracts and the right to title. Under the new America Invents Act, patent owners will now be able to request the US Patent and Trademark Office to ‘consider, reconsider or correct’ information that was previously not considered – or inadequately considered – during a prior prosecution. Further, a court will not be able to hold that a patent is unenforceable based on information stemming from a supplemental examination.

This new process will have many implications, including implications as to the relationship between the client and the patent owner. For example, by the very nature of this process the patent owner has the ability to ‘liberate a patent from any taint resulting from misconduct in its procurement’. In this sense, the legislation creates an opportunity for the patent owner to require the USPTO to refer suspected material fraud to federal authorities and the express authority to discipline registered patent attorneys.

Thus, where an issue of a failure to provide an accurate foreign language translation or other misconduct occurs, supplemental examination could lead to disciplinary consequences for the patent attorney.

Contact our legal document translation company to retain certified translators, certified interpreters and bilingual attorneys for your multilingual legal document review and for your patent translation needs.

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