nicht unterfallen [somehow none othe usual translations seem to fit the context]

English translation: not being covered by

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:nicht unter etwas fallen
English translation:not being covered by
Entered by: Sebastian Witte

07:45 Oct 11, 2018
German to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright / Rush job
German term or phrase: nicht unterfallen [somehow none othe usual translations seem to fit the context]
Hi,

Rush job.

DE:
Der dort entschiedene Fall zeichnete sich dadurch aus, dass die vorbenutzte Vorrichtung ***nicht unter*** das Klagepatent ***fiel***.

I have tried:

"was not covered by"
"was not subject to"
Even some translatorese ("did not fall under") that I would not use outside the context of a rush job does not seem to do the trick.

Can somebody shed some light on how to get it really right? (None of the three disregarded takes seem completely off but the lawyer needs it done right for use in court).

Cheers,
Sebastian Witte
Germany
Local time: 00:30
were not within the scope of protection granted by the patent
Explanation:
The reference provided seems to cover what you quoted

--------------------------------------------------
Note added at 14 mins (2018-10-11 08:00:37 GMT)
--------------------------------------------------

Sorry "was not" not "were not", but I'm sure you got the idea :-)

--------------------------------------------------
Note added at 24 mins (2018-10-11 08:10:09 GMT)
--------------------------------------------------

My suggestion: ....was not within the scope of protection granted by the disputed patent (contested patent)

--------------------------------------------------
Note added at 1 hr (2018-10-11 09:05:45 GMT)
--------------------------------------------------

In answer to TechLawDC:
A recent decision of the Supreme Court in the United Kingdom (UK), Actavis v Eli Lilly [2017] UKSC 48, has re-written the rules of claim construction. Specifically, how to interpret the **scope of protection granted to a patent owner** and, hence, whether a competitor’s activities infringe or not.

Source: https://www.ajpark.com/insights/ip-updates/big-changes-in-ho...

Patent protection can be granted for inventions in the field of technology.
Source: Patents
An information brochure on patent protection - German Patent and Trade Mark Office

--------------------------------------------------
Note added at 7 hrs (2018-10-11 15:32:50 GMT)
--------------------------------------------------

More references:
A patent specification should also include commercial claims. The claims identify the scope of **the protection granted by the patent** and describe the invention in legal and technical terms, clearly defining what will infringe the patent.
Source: How to make a patent application in the UK
https://entrepreneurhandbook.co.uk/how-to-nail-a-uk-patent-a...

What does a UK patent do?
A patent **provides powerful protection for the invention to the owner of the patent**. The **protection is granted** for a limited period, which in the UK and most other countries is 20 years, provided that annual renewal fees are paid.
Source: UK Patent Protection A Brief Guide




--------------------------------------------------
Note added at 9 hrs (2018-10-11 17:00:53 GMT)
--------------------------------------------------

And another:
A patent "grants property rights on an invention", allowing the patent holder to exclude others from making, selling, or using the invention.

Source: https://www.upcounsel.com/intellectual-property-protection

--------------------------------------------------
Note added at 13 hrs (2018-10-11 21:13:43 GMT)
--------------------------------------------------

As "conferred" was obviously overlooked in the peer comments pane when I added it in answer to a "neutral" just around 45 minutes after posting my answer, I now include it "officially" as an alternative to "granted.

Thanks also to other posters for "in suit", "bestowed" - and the startling information posted in the discussion pane that, if I understood it correctly, it takes only a minimum of 26 minutes to become versed in the tricky terminology of patent law.
Selected response from:

Yorkshireman
Germany
Local time: 00:30
Grading comment
Thank you. I went with John Owen's version, as it reflects the source the way an IP translation has to, but I don't really want to override the community vote that is 3.5 to 0 net agrees. All 4 agreeing translators are known to me. Two of them are working in patent-related translation so ...
3 KudoZ points were awarded for this answer



Summary of answers provided
4 +4were not within the scope of protection granted by the patent
Yorkshireman
4(was) not within the scope of protection conferred (by the patent which is being contested)
TechLawDC
4was not covered by
John Owen


Discussion entries: 5





  

Answers


5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
was not covered by


Explanation:
I would still prefer this translation, even if you have rejected it.

John Owen
Germany
Local time: 00:30
Works in field
Native speaker of: Native in EnglishEnglish
Notes to answerer
Asker: Thanks.

Login to enter a peer comment (or grade)

6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
nicht unter (das Klagepatent) fiel
(was) not within the scope of protection conferred (by the patent which is being contested)


Explanation:
See my entry in Discussion above and in Comments to the answer of "Yorkshireman" above.

--------------------------------------------------
Note added at 6 hrs (2018-10-11 14:44:56 GMT)
--------------------------------------------------

Alternative (slightly more idiomatic in this highly specific context): Add the word the to the word protection. Thus: (was) not within the scope of the protection conferred (by the patent which is being contested)


TechLawDC
United States
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
neutral  Ed Ashley: As I said above, I do understand where you're coming from, but I've just had a revised translation back from WIPO which introduced "granting protection", so if the global authority on the matter uses that language, then I think you may be splitting hairs
7 mins
  -> The author at Wipo may be a so-called "authority" who is not knowledgeable in idiomatic English (but rather German or etc.) and who daily grossly disregards idiomatic English (e.g. 150 times per day).

neutral  Yorkshireman: I like conferred - that's why I added it to my answer hours before you posted yours :-) :-) It was added directly below your "neutral" peer comment, which you must have seen, as you explicitly mention the doubtful provenance of my Google "hits"
37 mins
  -> I could not find it in your answer. Could Proz be tricking me? Or is it hidden in one of your links? (If so, if I were a moderator I would rule that this is insufficient disclosure.)
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13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
were not within the scope of protection granted by the patent


Explanation:
The reference provided seems to cover what you quoted

--------------------------------------------------
Note added at 14 mins (2018-10-11 08:00:37 GMT)
--------------------------------------------------

Sorry "was not" not "were not", but I'm sure you got the idea :-)

--------------------------------------------------
Note added at 24 mins (2018-10-11 08:10:09 GMT)
--------------------------------------------------

My suggestion: ....was not within the scope of protection granted by the disputed patent (contested patent)

--------------------------------------------------
Note added at 1 hr (2018-10-11 09:05:45 GMT)
--------------------------------------------------

In answer to TechLawDC:
A recent decision of the Supreme Court in the United Kingdom (UK), Actavis v Eli Lilly [2017] UKSC 48, has re-written the rules of claim construction. Specifically, how to interpret the **scope of protection granted to a patent owner** and, hence, whether a competitor’s activities infringe or not.

Source: https://www.ajpark.com/insights/ip-updates/big-changes-in-ho...

Patent protection can be granted for inventions in the field of technology.
Source: Patents
An information brochure on patent protection - German Patent and Trade Mark Office

--------------------------------------------------
Note added at 7 hrs (2018-10-11 15:32:50 GMT)
--------------------------------------------------

More references:
A patent specification should also include commercial claims. The claims identify the scope of **the protection granted by the patent** and describe the invention in legal and technical terms, clearly defining what will infringe the patent.
Source: How to make a patent application in the UK
https://entrepreneurhandbook.co.uk/how-to-nail-a-uk-patent-a...

What does a UK patent do?
A patent **provides powerful protection for the invention to the owner of the patent**. The **protection is granted** for a limited period, which in the UK and most other countries is 20 years, provided that annual renewal fees are paid.
Source: UK Patent Protection A Brief Guide




--------------------------------------------------
Note added at 9 hrs (2018-10-11 17:00:53 GMT)
--------------------------------------------------

And another:
A patent "grants property rights on an invention", allowing the patent holder to exclude others from making, selling, or using the invention.

Source: https://www.upcounsel.com/intellectual-property-protection

--------------------------------------------------
Note added at 13 hrs (2018-10-11 21:13:43 GMT)
--------------------------------------------------

As "conferred" was obviously overlooked in the peer comments pane when I added it in answer to a "neutral" just around 45 minutes after posting my answer, I now include it "officially" as an alternative to "granted.

Thanks also to other posters for "in suit", "bestowed" - and the startling information posted in the discussion pane that, if I understood it correctly, it takes only a minimum of 26 minutes to become versed in the tricky terminology of patent law.


    Reference: http://www.iusmentis.com/patents/priorart/
Yorkshireman
Germany
Local time: 00:30
Native speaker of: Native in EnglishEnglish
PRO pts in category: 9
Grading comment
Thank you. I went with John Owen's version, as it reflects the source the way an IP translation has to, but I don't really want to override the community vote that is 3.5 to 0 net agrees. All 4 agreeing translators are known to me. Two of them are working in patent-related translation so ...

Peer comments on this answer (and responses from the answerer)
neutral  TechLawDC: A patent does not "grant" protection. This is unidiomatic. (Later:) Your Google "hits" are based on incorrect input! A patent itself is granted. The patent does not "grant".
43 mins
  -> granted or conferred - plenty of Google hits

agree  Heike Holthaus: was/were not within the scope of protection granted by the patent in suit
2 hrs
  -> in suit sounds good!

agree  Sabine Akabayov, PhD
2 hrs
  -> Thanks Sabine

agree  Ed Ashley: I sort of see where TechLawDC is coming from, insofar as it is the patent itself that is granted... / I just had a translation of mine on this very subject revised and, wouldn't you know it, 'legislation granting protection' was introduced! Tsk! :-)
4 hrs
  -> Good idea - taken onboard :-) :-) :-)!!

agree  Lancashireman: Patently absurd neutral posted above. Protection bestowed (obviously).
11 hrs
  -> Ey up!, a Lancastrian version an all :-) Ta muchly from't t'other side o't Pennanes - an a bit farther on
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