Problems encountered in translating foreign language patents: preferably & desirably

FYI. “feasible” is the preferred translation for “ “Feasible”, and “best” is the best translation for “desirably””

Could the moderator translate an example sentence? Thank you! ! ! !

Preferably and desirably are common terms used in patents; different translations can be chosen depending on the context. Preferably can mean ‘more suitable’, ‘better’, ‘preferred’, or ‘appropriate’, etc., while desirably implies ‘ideal’ or ‘expected’. In this text, I think preferable should be translated as ‘better’ or ‘preferentially selected’, with further preferably meaning ‘even more suitable’. Desirably should be translated as ‘more ideal’. Example: Preferably, the analyzing means includes an infrared spectrometer arranged to analyze infrared radiation passed through the extracted analyte. Thus, advantageously, the apparatus can be used not only to provide a quantitative indication of the compounds present but also a qualitative indication of the types of compounds present in the fluid. It is preferable to use an analyzing device equipped with an infrared spectrometer for performing infrared scanning analysis of the extracted analytes. This device can both conduct quantitative analysis of compounds in fluids and qualitative analysis to determine the types of compounds. Ideally, the apparatus includes a demisting chamber arranged between said extraction chamber and said analysis cell. The device would be even better if a demisting chamber were installed between the extraction chamber and the analysis chamber. Last edited by niuky on 2009-3-25 12:04

For reference only, as it is not an authoritative source. It seems like the red text is translated very poorly. Guidelines for Translating Patents I. General Provisions 1. When translating patent specifications into Chinese, special attention should be paid to the two requirements of \"accuracy\" and \"clarity\"; that is, the translation must be completely consistent with the original content, with no deviations or omissions allowed. However, the Chinese must be smooth and easy to read, so that anyone can understand its content without having to refer to the original text. 2. Patent specifications are primarily written on A4 paper in a horizontal, straight-writing style from left to right, with 24 lines per page and 25 characters per line; 1.5 centimeters of margin should be reserved on all four sides of each page. 3. The patent specification shall be compiled in the following order of items: Title, Abstract, Description which may include Field of Invention, Prior Art, Summary of the Invention, Brief Description of the Drawings, and Detailed Description of the Invention], and Claims. 4. Paragraph headings in the “Description of the Invention” section, such as “Field of the Invention” (“Technical Field”), “Background of the Invention” (“Description of the Prior Art”), “Summary of the Invention”, “Brief Description of the Drawings”, “Detailed Description of the Invention” (“Preferred Embodiments”, “Preferred Ways of Implementing the Invention”), etc., should all be translated. 5. For various scientific terms used in the translation, if they are well-known, the translations used in Taiwan should be adopted; if they are less common or new terms, then when they appear for the first time in the translation, the English original name should be provided after that term. 6. The Chinese translation of the same English noun should be consistent throughout. To avoid mistakes, it is advisable to create a table of Chinese-English noun correspondences for reference during translation. 7. When a sentence in the original English text is too lengthy due to excessive modifying phrases attached to subordinate clauses, making a literal translation impractical and hindering clarity, it is necessary to have a thorough understanding of the meaning of the original sentence and then translate the modifying clauses separately after the main sentence, ensuring that the meaning of the original sentence remains intact. 8. English tends to use passive voice more often, while Chinese uses active voice more frequently; therefore, the translation should, as much as possible without departing from the original meaning, adopt an active voice structure. 9. When translating instructions in Traditional Chinese, our firm will provide a Chinese name for the invention; if you feel that the name provided by our firm is not appropriate, please inform us of a suggested name. 10. If you find any issues with the specification or the scope of the patent application, please first translate it according to the original text and be sure to inform our firm. 11. The foreign patent application numbers and dates listed under the English abstract need not be written. 12. The punctuation marks in the translation should use full-width punctuation marks from Traditional Chinese (，。 ) rather than the half-width punctuation marks of English (, .); when using punctuation, it is not possible to follow the original text exactly, and the translation should use punctuation in accordance with Chinese writing rules. 13. Units in the original text such as Kg, cm, ml, m/s, rpm can be left unchanged. 14. After translation, the entire text should be reviewed to prevent any typographical errors. For example, “semiconductor devices” should be corrected to “semiconductor devices”, and “conductive interlayer load capacitance” should be revised to “load capacitance between conductive layers”. 15. If diagrams in the English manual are represented using component symbols or numbers, a “Component Symbol Reference Table” must be created. The recommended format for this table is provided in Attachment 1. 16. Although some paragraphs in the original text are separated by a blank line and there is no two-space indentation at the beginning of each paragraph, the Chinese translation should still have a two-space indentation between paragraphs. 17. Certain inventions are excluded from patentability under the Patent Law; if the subject matter in English falls under any of the following, please inform our firm to make the necessary corrections: (1) New varieties of animals and plants (except that methods for developing new plant varieties may be patentable). (2) Diagnostic, therapeutic, or surgical methods for human or animal diseases. (3) Scientific principles or mathematical methods. (4) Rules and methods of games and sports. (5) Other methods or plans that must rely on human reasoning and memory to be carried out. (6) Inventions that undermine public order, good morals, or hygiene. II. Scope of the Patent Application A patent specification consists of five parts: title of the invention, abstract of the invention, description of the invention, scope of the patent application, and drawings. The scope of the patent application is the range of protection desired by the applicant. In determining the scope of a patent right and whether an imitator has infringed the patent, it is primarily based on the textual content specified in the patent application. Any errors, ambiguities, or unclearness in the Chinese translation of the scope of a patent application can cause significant losses to the patent holder, preventing them from effectively stopping others from copying their invention; it may even lead to the revocation of the patent. The items for which a patent is sought in the patent application scope can be divided into independent items and dependent items. There can be many independent claims, each addressing different subject matters of invention, such as articles, drugs, manufacturing methods, methods of using articles or drugs, and devices for manufacturing articles. Appendix items are dependent on independent items, and are used to further restrict or explain the content of the independent items. Each independent term can have many dependent terms. When translating or reviewing the scope of a patent application, please note that each item in the scope of the patent application may have only one period; commas, semicolons, colons, etc., can be used in between them. 1 Independent item. An independent item generally consists of three main parts: 1. The introduction section ； 2. Connection part ； And 3. The main body part. Its translation must begin with ‘a’. The following lists several ways of writing and translating independent clauses for reference: (1) A surgery knife, comprising: a blade, provided with zig-zag edge; and a handle. This should be translated as: A surgical knife, including: a blade whose edge is serrated ； And a handle. Among the aforementioned independent terms, the introductory part is \"a surgical knife\", the connecting part is \"including\", and the main part is \"a blade with a serrated edge\" ； and a handle». This format for presenting independent claims is the most common in the United States: the preamble section outlines the subject matter of the invention for which a patent is sought, the main body section details the contents of that subject matter, and the transition section connects the preamble section to the main body section. The surgical knife covered by the aforementioned patent application can also be described in another way as a separate item: a surgical knife comprising a blade and a handle, characterized in that the edge of the blade is serrated. A surgery knife comprising a blade and a handle, characterized in that the edge of the blade is of zig-zag shape. In this independent claim, the introductory part is “A …: a handle”, the main part is “the blade …: serrated”, and the connecting part is “characterized in that”. This style of expression is more common in Europe and Japan, and its advantage is that it clearly highlights the features of the invention. In our country, both of the above expressions are in use. Some applicants write the independent claim in the following form: In a surgery knife, which comprises a blade and a handle, the improvement resides in that the blade edge is of zig-zag shape. For such independent claims that emphasize the \"improvement\", do not translate them as \"In a type of surgical knife, which consists of a blade and a handle, the improvement lies in the fact that the blade edge is serrated.\" This translation remains faithful to the original text, but its drawback is that the subject matter for which protection is sought is unclear (“improvement” is not an item or a method). For such independent terms, please use the following translation: \"A surgical knife, comprising a blade and a handle, the improvement of which lies in its serrated edge.\" Please note that the introductory parts before each independent item all begin with \"a kind of\". (2) When the independent claim in a patent application is written as: “An apparatus for drying a liquid material comprising….”, it should be translated as “A device for drying liquid materials, which includes…”, not as “A device for drying liquid materials, that includes…”, nor as “A device for drying liquid materials, including…”, nor as “A device that dries liquid materials, including…”. In short, the “A device…” format must be used to comply with the regulations of the Intellectual Property Office. (3) If the scope of the patent application is stated as: “In a method of collecting an advancing strand in a barrel, ….the improvement comprising: ….”, it should be translated as “A method for collecting a moving rope in a barrel, … the improvements include…”, and not as “In a method for collecting a moving rope in a barrel, … the improvements consist of…”. In short, the subject matter of the patent application must be clearly indicated. (4) The patent application item listed below is a claim that defines a product by process; “A polyethylene article having a surface treated according to the process of Claim 5…” should be translated as “A polyethylene article, which has a surface treated in accordance with the method described in Claim 5…”. (5) If the scope of the patent application is stated as: “A process for preparing compound A,” it should be translated as “A method for preparing compound A,” rather than “A method of preparing compound A.” (First, the beginning must be of a certain type, and then the end must convey the main idea of the patent application.) (6) In the scope of a patent application for chemical-related matters, compounds are usually represented by their chemical general formulas. The section defining the chemical substituents below the general formula takes up a large amount of space, making it difficult to translate it in one go; in such cases, it is appropriate to use large, medium, and small parentheses to help with the translation by placing the substituent information within those parentheses. For example: A process for preparing a compound of the following general formula: R-X wherein R is C1-C18 alkyl ； and X is F, Cl, Br or I, involving the reaction of RH with HX in the presence of a zeolite catalyst. It can be translated as: A method for preparing compounds of the following general formula: R-X (where X is a C1-C18 alkyl group, and X is F, Cl, Br or I); this method involves reacting RH and HX in the presence of a zeolite catalyst. ※The common conjunctions used for independent items are as follows: 1. comprising, including, containing. All of these words are translated as \"including\", \"containing\", or \"having\". 2. \"Consisting of\" should be translated as \"is composed of\", while \"consisting essentially of\" should be translated as \"is basically composed of\" or \"is largely composed of\". (Please note the significant difference in meaning between the two types of connecting words listed above: \"consisting of A and B\": it includes only A and B, nothing else.) comprising A and B: In addition to A and B, it may also include C, D, etc. ) 3. “characterized in that” and “characterized by” should both be translated as “its characteristics are”. 2 Supplementary items: Supplementary items generally also include 1. a preamble section, 2. a connecting section, and 3. a main body section. The beginning of a subsidiary item should be translated as \"As in claim XX...,\" or \"According to claim XX...,\"; there is no need to use the word \"a\" nor \"the aforementioned\". Among them, various expressions such as “…as claim 1”, “…of claim 1”, “…as claimed in claim 1”, “…as set forth in claim 1”, “…according to claim 1”, etc., should all be translated as “as per claim 1” or “according to claim 1”…" ； And “as claimed in any one of claims 1 to 9” should be translated as “as stated in any one of claims 1 to 9…” or “according to what is stated in any one of claims 1 to 9”…" ； "As claimed in at least one of claims 1 to 9. Please translate this as “As described in at least one of request items 1 to 9…” or “According to at least one of request items 1 to 9…”. Please note that the subject mentioned in the preamble to the appended item must be the same as the subject of the independent item. The following lists several ways of writing and translating accompanying terms for reference: (1) “The knife according to Claim 1, wherein the blade is receivable in the handle.” This should be translated as “The knife as described in Claim 1, wherein the blade can be inserted into the handle.” "Or “a knife according to claim 1, wherein the blade can be retracted into the handle.” " In the example above, the introductory part is “such as… knife” or “based on… knife”, the main part is “the blade… is in the handle”, and the connecting part is “among them”. To meet the requirements of the Intellectual Property Office regarding the format of patent application specifications, the word \"according to\" that appears in the preamble of the appended items must be translated as \"as\" or \"based on\". (2) A subordinate item may be attached to an independent item, or it may be attached to a preceding subordinate item. If two or more are attached simultaneously, the word \"or\" must be used to indicate them. Please see the following examples: 1. A knife, comprising... 2. The knife as claimed in claim 1, wherein... 3. The knife according to claim 1 or 2, wherein… 4. The knife according to claim 1, 2, or 3, wherein... The fourth item listed above is sometimes written in English as “The knife of any of Claims 1 to 3”; in such cases, it should be translated as “the knife as described in any one of Claims 1 to 3”. An appendage can only be attached to the item preceding it. If the subordinate items in English are attached to themselves or to the items following them, it is an error; please inform our office. For example: 3. The knife as described in claim 3, wherein… (incorrect) 3. The knife as described in claim 4, wherein… (incorrect) 3. The knife as described in claim 2, wherein… (correct) In patent applications, the following English terms are often used; please note their most common Chinese translations: means – device/process; method – method; provided that… – its limitation is…; provided with – having; is selected from the group consisting of… – is composed of elements selected from the following group ； Selected from a group composed of the following substances (or groups), optionally as needed ； Depending on the circumstances, it can be… said to be the aforementioned composition, component, or (electronic) element ； Element (chemistry): complex; Wrong compound (biochemistry). III. Common terms used in instructions along with example sentences: 1. When the words apparatus, device, or means, or any two of them, appear in the same set of instructions, it is recommended to use the following translations: (i) apparatus: device; (ii) device: equipment; (iii) means: component. *** However, if they do not appear in the same set of instructions, they can all be translated as “device”. 2. et al.: and others. 3. When translating “means for V+ing”, an appropriate Chinese modifier should be added before “means” so that, in case multiple “devices” are mentioned in the same set of Chinese instructions, it is clear which one is being referred to. 4. “this invention”, “the subject invention”, “the instant invention”, and “the present invention” shall all be translated as “this invention”.
5. “Substantially”: It should be translated as “substantially”, “almost completely”, “considerably”, or “generally” depending on the context. For example: a. The barrier layer contains a material that is substantially impervious to laser ablation—the material in the barrier layer is generally (or substantially) not susceptible to being removed by lasers. b. The tablet has a substantial surface and a second substantial surface—the tablet possesses one substantial surface and a second substantial surface.
6. “Preferred” can be translated as “more favorable”; “more preferable” can be translated as “even more favorable”; “most preferable” can be translated as “most favorable”. “It is preferred that” can be translated as “It is best to”; “preferably” can be translated as “more favorably”.
7. “Those skilled in the art” – Those who are familiar with this technology.
8. “Methods known in the art” – Methods that are known within this field of technology.
9. “Are well known” – These are already well understood by us.
10. “These include, but are not limited to” – These encompass (but are not restricted to)…
11. “Alternative embodiment” – Alternative specific embodiments ； Another embodiment alternatively—or ； Another option is 12. “Aspect” can be translated as “aspect,” “viewpoint,” “feature,” or “pattern.” For example: in one embodiment of this aspect—in one of the embodiments related to this aspect; in one aspect—from this perspective; in a further aspect—on another hand; in still a further aspect—again, from another perspective; general aspect—universal pattern. 13. Please refer to the following translations: it should be noted—Please be aware that; it is to be noted—It should be taken into account that; it has been found that—It has been discovered that; it is believed that—It is thought that; it helps to—It contributes to; it is expected—We anticipate that; it will be appreciated—It should be understood; it is understood—Of course; it should be understood—Please understand ； It should be understood that this is the intention – for example: Although, in principle, it is intended that all of the isocyanate functionalities in the polyisocyanate react, it should be understood that 100 percent complete reaction cannot always be achieved. – Though it is desired in principle for all of the isocyanate functional groups in the polyisocyanate to react, it should be noted that 100% complete reaction is not always possible. 14. In a long sentence, it is necessary to split or organize it as needed; for example: The invention includes an improvement in an osmotic dosage form of the type having an outer semipermeable wall defining an interior compartment containing a therapeutic agent and an osmotic agent ； and including at least one laser-formed passageway in the semipermeable wall for release of the therapeutic agent.—The present invention includes an improvement to osmotic dosage forms, which have a semipermeable outer wall layer containing an internal compartment (which holds the therapeutic agent and an osmotic agent) ； Furthermore, this semipermeable outer wall layer includes at least one laser-formed channel for releasing the therapeutic agent. 15. The translation for “based on weight” is as follows: a. A is mixed with B at about a 50:50 ratio, based on weight.—A and B are mixed in a ratio of approximately 50:50 on a weight basis. b. The coating material includes from about 1% to about 20% cellulose, based on the total weight of all components in the coating composition.—The coating material contains about 1% to about 20% cellulose, calculated based on the total weight of all components in the coating mixture. 16. The translator must faithfully translate the original text in its entirety and ensure that the meaning is expressed smoothly. Example 1: The present invention provides a pharmaceutical composition for the treatment or prevention of atherosclerosis, which is used alone or in combination with a cholesterol biosynthesis inhibitor. (Poor) This invention offers a pharmaceutical composition intended for the treatment or prevention of atherosclerosis, to be used either on its own or in combination with a cholesterol biosynthesis inhibitor. (Good) The present invention provides a pharmaceutical composition for the treatment or prevention of atherosclerosis, which is used alone or in combination with cholesterol biosynthesis inhibitors. Example 2: Additionally, this invention provides a compound for use in manufacturing a medicament for the treatment or prevention of atherosclerosis. In other words, this invention offers a compound that can be used to create drugs for treating or preventing atherosclerosis. (Good) The present invention provides a compound used in the manufacture of pharmaceuticals for the treatment or prevention of atherosclerosis. 17. In some sentences, certain repeated words can be omitted; for example: Preferably, between about 5 to about 50 wt% of laser energy reflecting or transmitting material, and more preferably between about 10 to about 30 wt% laser energy reflecting or transmitting material, is mixed with the polymer solution or melt.—It is preferable to use about 5 to about 50 weight% of a substance that reflects or transmits laser energy (with about 10 to about 30 weight% being even better), which is then mixed into the polymer solution or melt. 18. Other terms that frequently appear in this manual are as follows: if desired, if necessary ； provisional application: temporary application; continuation-in-part: partial continuation application; corresponding application: applicable application; docket No.: case number; issued/granted to: granted to; contemplated by this invention: covered by this invention ； What is covered by this invention is … incorporated herein by reference. Serial No.: The identifier for the patent application. Assignee: The person to whom the patent is granted. Depart from: To deviate from certain provisions. 19. Other common phrasings used in this document are as follows: (1) This application claims benefit of U.S. Provisional Patent Application Serial No. 60/198,359, filed on April 19, 2000; the entire content of that application is hereby incorporated by reference. This application asserts rights under the U.S. provisional patent application numbered 60/198,359, filed on April 19, 2000, with the full text of that application being included herein by reference. (2) All of the above publications, patents, and patent applications are herein incorporated by reference in their entirety, to the same extent as if the disclosure of each individual publication, patent application, or patent had been specifically indicated to be incorporated by reference in its entirety. All such publications, patents, and patent applications are included herein by reference, in the same manner as if their entire contents had been specifically cited as references. (3) In claims, means-plus-function clauses are intended to cover the structures described herein as performing the recited function, and thus include not only structural equivalents but also equivalent structures. In the scope of a patent application, the means-plus-function phrase is used to encompass the structures described herein that carry out the stated function, covering not only structural equivalents but also structures that are equivalent to them. (4) The publications discussed herein are provided solely for their disclosure. The cases discussed in this text are offered merely for the purpose of revealing their contents. IV. Drawings in the Patent Specification (1) The number xx in Fig. xx of the patent specification does not need to be translated into Chinese. (2) If the drawings are sketches and not clear, or if the numerical labels in the drawings do not match those in the specification, please inform our office. (3) Software programs do not need to be translated. (4) All full English words in flowcharts, software user interfaces, and block diagrams must be translated. (5) Gene and protein sequences in biochemical inventions do not need to be translated. Abbreviations in biochemical diagrams such as EcoRI do not need to be translated, but full English terms like Virus A DNA must be translated. (6) Those that need to be translated in the list of sequences include <120> the title of the invention ； ＜213＞Organisms ； ＜223＞Other information ； ＜302＞Title (7) If the substituents in the compound’s structural formula are codes, they need not be translated, such as R, X, Me, Et; but if they are full chemical terms like Alkyl, then they must be translated. (8) The axes of the coordinate graph as well as the text on it must be translated. (9) Designation codes in the circuit diagram, such as ANI-A, RI-DET, etc., need not be translated. Meaningful texts like Pulse need to be translated. (10) Text within mechanical or electronic diagrams does not need to be translated if it is numbered; however, circuit block diagrams of electronic types still need to be translated. This post was last edited by niuky on 2009-3-25 11:53]

There are some books available for reference when translating patents; I recommend a website: http://www.tanzhuanli.com/

This is an excerpt from a foreign-language patent. I’m not sure how to translate “Preferably” and “Desirably”; translating them as “better” and “desired” doesn’t seem to fit well with the context of the text. Could you please advise me? (This passage uses the word “Preferably” many times; in my opinion, using “If possible” in place of it will make the translation more coherent and smooth.) It can be translated as: “If possible,. . . ” Desirably = It should be even stronger than Preferably; it can be translated as “Ideally,.” . . ”