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Portuguese to English translations [PRO] Law/Patents - Law: Patents, Trademarks, Copyright / Challenge to the validity of a patent
Portuguese term or phrase:Subsídio ao exame técnico
I am actually reviewing this document, not translating it, but this phrase has been translated to something completely different from the actual words "SUBSÍDIO AO EXAME TÉCNICO" and I just want to check with my colleagues to see how you would translate the phrase.
Here is the context:
Título: *Name of Patent*
Interessada: *Company name*
SUBSÍDIO AO EXAME TÉCNICO
A Interessada tomou conhecimento da publicação do presente pedido de patente (1.2) na Revista da Propriedade Industrial (RPI) n° 2433, de 13 de junho de 2017 e, vem por meio deste, de acordo com o Artigo 31 da Lei de Propriedade Industrial n° 9.279/96 (LPI), tempestivamente apresentar subsídios para o exame técnico, fornecendo documentos que suportam a falta de novidade e atividade inventiva.
Please let me know what your opinion is on how to properly translate this phrase into English.
Explanation: Subsidios: data; information > Collins POR/ENG dictionary.
I agree with An(n)a's idea of additional docs. whilst a previous KudoZ glossary answer in the weblinkk suggests this is a term already d/w > dealt with to the asker's apparent satisfaction at the time.
The word order of additional info. can be turned around to 'info. addional to' in order to make the preposition directly precede the tech. exam.
That is my philosophy with the translation of patents. I perform translations of patent applications and related documentation almost every day and have for many, many years. The clients always want the translation to be exactly as written. It is terribly important as any change may make the patent more vulnerable to infringement. I'm not really talking about literal translation, but the important part of this particular communication is that they are sending additional information with regard to inventive step and novelty. Thanks.
'subsidio' - Informação importante para que um assunto seja entendido
So, if you want a literal translation, nothing about 'additional', 'documentation', 'data' or 'ancillary', just 'information for the examination'. What was the problem with the literal phrasing?
No matter how hard I try, I don't see any idea of opposition in the original sentence. Being that it's a patent / legal translation, fidelity to the source-text is important IMHO. By the way, watch out for folks who try to sway things their way. For example, there's a post suggesting that my answer is the same as Adrian's. Obviously, that's not the case. Different wording, different references. A good reader will quickly see they're not the same; there are subtle nuances of meaning.
Are you saying that "Opposition" is a correct translation for "SUBSÍDIO AO EXAME TÉCNICO"? I disagree. Perhaps if the translator had been writing the original document, he/she could have chosen that word for the title of this section. However, the job of the translator is to translate the original words of the original author. Only in the case of idiomatic phrases would one translate the meaning of the phrase into the equivalent English instead of translating the words literally. Now, I am not saying things should be translated literally. But there is a big difference in the words "SUBSÍDIO AO EXAME TÉCNICO" and the word "Opposition". I don't believe the phrase "SUBSÍDIO AO EXAME TÉCNICO" is an idiomatic phrase.
The 'opposition' is additional information! The fact that it's opposition is clear from the end of the phrase, this was obviously what the translator was making clear.
You are right, Adrian. I am well aware of the law, etc. In this case, I was reviewing a document already translated by another translator (or machine, I don't know for sure!). The main query was indeed about the word "SUBSÍDIO" as the rest of the phrase is simple enough. The translation of the entire phrase given by this translator was simply "OPPOSITION". Since the source wording had NOTHING specifically to do with "Opposition", I changed it and wanted to see what my fellow professionals thought about this. Thanks so much for your help. I agree with most of these suggestions, as they all refer to additional information, and this has shown that I was correct not to leave the word "OPPOSITION" as the translation of this phrase. This was one of the worst translations I have ever seen. Again, THANKS!! Laura
Unless I'm mistaken, the asker is after a translation of the first word that may have been translated with a 'subsidy' and not a lengthy exegesis of whether the non-EU examination by the 'patent examiner(s)' is technical or not. Obiter, it is quite feasible that a 'legal examination' would comprise the wording of the patent claims-only and not the tech. spec.
Why not European English? The translation requires the use of the equivalent EN term. MAGA? Anyway, the USPTO uses exactly the same term for the procedure equivalent to the Brazilian Art.º 31 procedure. https://www.uspto.gov/patent/laws-and-regulations/america-in...
Perhaps you should have been more clear that you were responding specifically to Ana's answer. The fact is, I still don't understand why the European law is being invoked here if there was no mention of it in the context that was provided by the ** Asker**. Brazilian law (i.e. Resolution Nº 151/2015) does make a mention of "technical exam": http://www.mondaq.com/brazil/x/727308/Patent/Priority Exam F...
Please allow me to lighten your darkness: 1. The EPC is cited to show that the word used in an equivalent EN source is examination not exam (see Ana's answer). 2. The Brazilian RPI is cited merely as a matter as interest/information and is hardly irrelevant as it is referred to in the source text. Capisce?
I'm trying to understand how the European patent laws apply here. I don't see any mention of European in the context. Am I missing something? Regardless of what the law says, the source-text reads "exame técnico" and that's what should prevail IMHO. We are not a matter of translating the law, but the content of the document!
Art.º da Lei de Propriedade Industrial n.º 9.279/9
09:31 Jul 15, 2019
Art. 31. Publicado o pedido de patente e até o final do exame, será facultada a apresentação, pelos interessados, de documentos e informações para subsidiarem o exame.
(1) The European Patent Office shall, in accordance with the Implementing Regulations, examine on request whether the European patent application and the invention to which it relates meet the requirements of this Convention. The request shall not be deemed to be filed until the examination fee has been paid.[ 96 ] (2) If no request for examination has been made in due time, the application shall be deemed to be withdrawn. (3) If the examination reveals that the application or the invention to which it relates does not meet the requirements of this Convention, the Examining Division shall invite the applicant, as often as necessary, to file his observations and, subject to Article 123, paragraph 1, to amend the application. (4) If the applicant fails to reply in due time to any communication from the Examining Division, the application shall be deemed to be withdrawn. https://www.epo.org/law-practice/legal-texts/html/epc/2016/e...
additional information to the technical examination (of the patent)
Explanation: Subsidios: data; information > Collins POR/ENG dictionary.
I agree with An(n)a's idea of additional docs. whilst a previous KudoZ glossary answer in the weblinkk suggests this is a term already d/w > dealt with to the asker's apparent satisfaction at the time.
The word order of additional info. can be turned around to 'info. addional to' in order to make the preposition directly precede the tech. exam.
Example sentence(s):
PURPOSE: To register an image only in order to increase the number of registrations of the image to be able to file-register, for example, a print of a seal and to communicate and display at the time of necessity the additional information of the image.
ancillary data / documentation to the technical exam
Explanation: subsídio: Informação ou elemento importante para a compreensão de um assunto, texto etc., ou para a realização de uma tarefa; DADO - http://www.aulete.com.br/subsídio
Quanto à tradução, talvez "ancillary data" ou "ancillary documentation":
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