Patent Translation: Japanese to English
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We are dedicated to consistently providing the highest possible quality with maximum efficiency.
Certificates of Accuracy provided upon request.
Here are some noteworthy developments and decisions related to patent translation and claim construction:
The United States Patent and Trademark Office (USPTO) After Final Consideration Pilot Program 2.0 expires.
USPTO fees continue to increase. As of April 27, 2025:
・37CFR§1.17(e)(1) Request for Continued Examinations (RCE) place a higher burden on pre-application readiness. First RCE request will cost $1,500, with an additional $2,860 for each additional request.
・37CFR§1.16(j) Multiple dependent claim: $925
・37CFR§1.16(h) Each independent claim in excess of three: $600
・37CFR§1.16(i) Each claim in excess of 20: $200
EPO fees as of April 01, 2024:
・015 - Claims fee:
⇒ EUR 275 for the 16th and each subsequent claim up to 50,
⇒ EUR 685 for the 51st and each subsequent claim
・501 - Additional filing fee for the 36th and each subsequent page: EUR 17/page
Ex parte Putre, PTAB (2008)
It would’ve been nice if all old tripods had a handle like the green one of the invention (below, right) to allow safe and stable carrying with one hand. The examiner and PTAB judge found this application unpatentable because the red knob (below, left) may be used similarly, even if the wrist is clamped and the fingers hurt. “While ... awkward, ... it does not appear to be impossible.”
Prior art: Dalton US 2,668,682 (1954) Application: PTAB Appeal 2008-1701 (2008)
Superguide Corporation v. DirecTV Enterprises, Inc., CAFC (2004), W.D. NC (2002)
Relatively unmatched wording between the specification and the claims led to the specified “at least one of A, B, and C” being construed as “at least one of A, at least one of B, and at least one of C”. Even today, the use of Markush-type “consisting of” wording, phrases like “at least one of A, B, or C”, and other strategies are being adapted to various fields and circumstances to achieve the most favorable position between differentiation during prosecution and coverage when exercising patent rights.
Source: USP 5,038,211
In re Schreiber, CAFC (1997), PTAB (1996)
It seems like the know-how for making an easy-to-use popcorn funnel (below, right) would not be anticipated by a similar invention for oil (below, left), but this application was rejected under 35 U.S.C. § 102(b). Years later, a comparative study by the Trilateral Offices yielded various results, with the informal total being 7 judges for Not Anticipated, and 8 judges (plus 1 examiner) for Anticipated.
Prior art: Swiss No. 172,689 (1935) Application: PTAB (1996)
Apple, Inc. v. Samsung Electronics Co., Ltd., CAFC (2012), N.D. CA (2012)
Be careful when using “each”. It can mean “every”, and it should be clear to the reader whether it means each of a particular set of items, or whether it encompasses each item in the entire apparatus.
USP 8,086,604 (filed 2004)
Superior Fireplace v. Majestic Products Company, CAFC (2001), C.D. CA (2000)
Adding just one extra ‘s’ to a term could limit the claim scope to require multiple structures. Here, the defendants’ “Earth Stove” gas-powered fireplace had only one “rear wall”, thereby avoiding infringement.
USP 5,678,534 (filed 1995)
superior-fireplace-v-majestic-products CAFC
superior-fireplace-co-v-majestic-products CDCA
It would appear that a lot of great inventions fail to be recognized as novel contributions to life on earth.
It is our daily mission to provide translations and services that protect such inventions.
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We provide specialized interpreting matched to our clients’ business goals, usually in the areas of R&D agreements, sales and promotion, and negotiations.
Contact Information
D. K. Fowler and Associates
7-13-303 Tsuchitorimachi, Tobata-ku Kitakyushu, Fukuoka 804-0014 JapanTelephone number: +81-93-981-9217
E-mail:
Payments accepted in US Dollars to our US bank, or in Japanese yen to our bank in Japan.
David Keen Fowler, Representative Member
David was born in Langdale, Alabama, and earned a Bachelors of Engineering in Mechanical Engineering at Vanderbilt University and a Masters of Engineering in Theoretical and Applied Mechanics at the University of Illinois Urbana-Champaign before joining a high-tech company serving the electronics and motor industries in Kitakyushu, Japan, where he worked for 14 years as an engineer.David has been translating patents for more than 17 years.