I assume that (at least among the major industrialized countries) (and with exceptions for some cheaters), there is reciprocity or recognition among the countries as to their inventors’ patents. Perhaps this is incorrect. But assuming it is true, how does a new inventor conduct a “patent search” when it is possible that this very same idea has already been patented in another country, since presumably each country’s patent office requires that patent applications be submitted only in the native language? Sure, there are drawings, but without being able to read/understand all of these different languages, how does the patent/intellectual property system cope?
Not from a legal perspective, but rather a practical one: Through various companies I’ve worked at I have several patents personally and I’ve set up patent programs for engineering groups I’ve run. These include filing patents in Europe and the U.S.
I don’t know the answer to your question, but I can tell you that it never once came up, in many many detailed conversations with patent lawyers. Which implies one of two things: a) they’re filed (and researched) in English “over there” or b) there are translators as part of the legal process. I would be very surprised if #b is the answer, since I’d expect at least one or two questions from the translators.
As another point of reference, I’ve been involved in developing software that was translated (GUIs and docs) into various languages. The translators are usually very technical, but there are countless technical issues that come up where they need to talk to a developer to get a proper translation. Again implying that #b above is not likely.
According to an excellent book on the subject, Patents, Copyrights and Trademarks, 2nd Ed.
They seem to recommend doing a US patent search, and hoping for the best.
Another good resource (in fact, I think they do international patent searches) is the World Intellectual Property Organization. Check out stuff on the Patent Cooperation Treaty (PCT) on that site. More stuff on the PCT from the US Patent and Trademark Office.
I have zero first hand knowledge of your question, just thought I’d point out a few resources. As with all complicated or potentially costly legal questions, it may not hurt to consult an attorney.
Countries do not grant “reciprocal” patent rights in the sense that a U.S. patent can be enforced in Europe or vice versa. However, most countries are members of the Paris Convention, which means that if inventors file in one country, they may file in other Paris Convention countries within one year and get the benefit of the filing date of the first application.
Most Paris Convention countries are also members of the Patent Cooperation Treaty, which provides a streamlined process of filing a single international patent application and receiving a search and (optionally) limited examination before the applicant makes the decision which countries to file individual patent applications in. Filing national phase applications all over the world is extremely expensive, so it is helpful for applicants to be able to put off the filing until they see whether the invention is becoming a commercial success.
The language problem is a real and significant one. Most patent offices (including the U.S.) take the position that any printed publication in any language anywhere in the world is available as prior art. (There are various nuances of what constitutes a “printed publication,” and the U.S. uses a different set of time limits for filing than the rest of the world). Examiners typically cite only English references in the U.S., but the others are still out there, and may be used in litigation to invalidate the patent. If you are applying for foreign patents, you usually have to get the references translated.
In the European Patent Office, you may file in any of a list of languages. If the patent is granted, you need to have the claims translated into English, German, and French (IIRC).
There are a number of information services that translate patent abstracts and make them available for searching. They also keep track of patent “families” (for example, if you file in the U.S., and then file a corresponding application in Japan under the Paris Convention). So you can sometimes find foreign language applications by searching their English abstracts, and you can sometimes get translations of foreign patents by looking at other members of the same family (although caution is advised, because not all members have to be identical in all circumstances).
If you are interested in obtaining a patent, contact a patent attorney or patent agent. (A patent agent is a non-attorney who has passed the patent bar. They are often as good as attorneys for writing applications, and usually cheaper). They will be able to advise you on the costs of foreign filing and on search strategies.