Redefining Patent Translation: The Influence of ChatGPT and the Urgency to Align Patent Language Regimes in Europe with Progress in Translation Technology

Abstract

Abstract This article investigates the impact of ChatGPT on the current language regimes in Europe for patent translation. With the growing number of patent applications being filed annually, there is a high demand for cost-effective and high-quality patent translation services. Despite advancements in translation technology, including ChatGPT, there remains a scarcity of research on the use of these technologies in patent translation, particularly with regard to the legal validity of machine-generated translations. The article takes an interdisciplinary approach, incorporating a review of regulatory documents, a preliminary evaluation of ChatGPT’s performance using the LISA QA matrix and a review of relevant doctrinal literature. The regulatory examination in this study centers on the provisions of the European Patent Convention and related legal documents that specify the language criteria for acquiring a patent within Europe. The preliminary evaluation uses a sample of 20 patents translated from English into Portuguese to assess accuracy, fluency and acceptability. The examination of available legal literature strives to attain a thorough comprehension of how laws and principles of the legal system are being put into practice in association with the progression of translation technologies. This article endeavors to examine the potential effects of utilizing ChatGPT in patent translation on existing language regulations in Europe and if new regulations will be necessary. It highlights the need for further research in this field to better understand the advantages and implications of using advanced language models in patent translation.