Monday 27 April 2015

Patents and Literal Translation


And I thought the idea of translation meant to never defy the meaning of message no matter the arrangement of words as long as you are delivering an amazing flow of words in a sentence retaining the meaning.

Patents on the other hand, jut out of the domesticated language field with a whole new set of rules and operations.

In most fields, the best translators are distinguished by their ability to make suitable word choices and to craft graceful sentences in the target language. They would shudder at the idea of slavishly reproducing the wording of the source text in a literal translation.

It was a bit of a shock when I first found out about patent translation and getting to know literal translation is requested for. I understand to the professional translators moving forward in their respective fields, feel this as a step down, as they have been trying hard to distinct from machine translation that’s more word-for-word.

Complex source text cannot be reproduced word for word while retaining the original meaning.

Situations in which literal translations are needed and the ways in which they are used

A patent is a lengthy, precisely worded legal definition of an invention therefore the meaning by the words is important. A patent is an agreement between a government and an individual or company.  A patent is basically saying “if you tell everyone how your idea works, we’ll make sure that nobody uses it without your permission for 20 years,” as long as it’s novel and useful. 

In the field of patent translation, according to Cross (2008), a literal translation is an exact and accurate reproduction of the entire content of the source text without embellishment or modification. There is a difference between word for word translation and translation of the meaning, as is literal translation and the latter being Functional Equivalence translation. I am going to out on a limb here and observe intrigue as I seem to possess in writing this article. An example of literal translation “Je m’appelle Didi et je suis traducteur,” as “I call myself Didi and I am translator.” Contrary to Finctional equivalence translation that produces misconstrued texts such as, “I call myself Didi” implies Didi isnot his real name but something he has gone along to use and yet the source text implies no such thing. And “I am translator”, presents the impression that it’s a careless mistake or illiterate without the indefinite article (‘a’) which is not the impression by the French Origin. Functional equivalence translations means translating the meaning rather than the words and it is fine for many types of translation, but in patent translation, it leaves us open to unintended consequences of the sort that result from translating. 

So, there are two ways that a translated patent can be filled in another country: under the Paris convention or under the Patent Cooperation Treaty (PCT). However filing a patent under the Paris Convention does not have to be literal compared to filing under the Patent Cooperation Treaty (PCT) that requires translation to be exact and even with the slightest change a separate amendment needs to be filed. 

A patent translator on another hand is similar to the court interpreter. Translators maynot contribute their own knowledge or opinions but rather must limit themselves to reproducing precisely what is said in the original patent. The translator reproduces both the words and the grammatical structures from the source text with as little modification as possible so as to recreate the form of the original. And in most cases, it’s the reason as to why literal translator should be invisible, reproducing the syntax, tone and style of the source author as closely as possible. For patent translators, this usually means recreating the formal, legalistic and somewhat legal language favoured by legal attorneys.

Conclusion

Literal patenttranslation can be an enjoyable challenge as they are usually objects of scorn because the streamlined perception of translation is translating the meaning not words. Literal translation brings to mind banters and razz of struggling apprentices in the translation field.