Glossary entry

Spanish term or phrase:

afectar (please read question)

English translation:

"To affect/ (that affect)"

Added to glossary by eski
Jan 7, 2009 23:09
15 yrs ago
4 viewers *
Spanish term

afectar (please read question)

Spanish to English Law/Patents Law: Patents, Trademarks, Copyright
Dominican Republic: list of documentation required for registration of a new drug: "Declaración jurada sobre la situación de patente del producto que contenga una lista de las patentes que AFECTAN al producto con su vigencia y fecha de expiración (si aplica)." What is meant by "las patentes que afectan al producto..."? Many thanks.
Change log

Jan 13, 2009 18:13: eski Created KOG entry

Jan 13, 2009 18:13: eski changed "Edited KOG entry" from "<a href="/profile/819772">eski's</a> old entry - "afectar (please read question)"" to """To affect/ (that affect)"""

Discussion

eski Jan 13, 2009:
Many thanks to lesleynoelle, and to my peers, Kathryn and neilmac, for your support!!! :))
Lesley Jackson (X) (asker) Jan 7, 2009:
It appeals to me, as Mr. Powers suggested (encumber), that the idea here is whether there is some other patent "in the way," so to speak, of the patent being sought for the new drug (i.e., that the new drug cannot get its patent until some other patent expires?) -- and what's the proper language for this circumstance?

Proposed translations

+2
5 mins
Selected

"To affect/ (that affect)"

The concept of royalty stacking arises from the risk that multiple patents may affect a single product. Such a risk is said to be particularly high in the ...
pharmalicensing.com/public/articles/view/1087832097_40d70021d738c - 53k - En caché - Páginas similares


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Note added at 9 mins (2009-01-07 23:18:32 GMT)
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In this article we demonstrate how a long duration of patents affects investment in new product development. We construct an overlapping-generations model ...
www.questia.com/PM.qst?a=o&se=gglsc&d=97812430 - Páginas similares
de C Chou - 1993 - Citado por 13 - Artículos relacionados - Las 7 versiones


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Note added at 11 mins (2009-01-07 23:21:00 GMT)
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However, the basic patents on two of these products are not actually .... to the list will be offset against the inevitable expiration of patents on ...
content.healthaffairs.org/cgi/content/full/23/3/155 - Páginas similares
de A Attaran - 2004 - Citado por 58 - Artículos relacionados - Las 12 versiones
Patent Protection :: International Legal Protection for Software - [ Traducir esta página ]Acceptance of and use of program product claims vary by national or ... A current list of Eurasian Patent Convention member countries is available on the ...
www.softwareprotection.com/patent.htm - 34k - En caché - Páginas similares
Microsoft to publish APIs and list patents - ZDNet.co.uk - [ Traducir esta página ]21 Feb 2008 ... Affected product lines include Windows Vista (including the . ... by developers is the commitment to list the patents that Microsoft claims ...
news.zdnet.co.uk/software/0,1000000121,39327075,00.htm - 108k - En caché - Páginas similares


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Note added at 16 mins (2009-01-07 23:25:55 GMT)
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Scherer notes that literally thousands of patents were affected by these .... to innovators who faced an increased danger of infringing another's. patent. ...
www.researchoninnovation.org/scherer/poleconsummary.pdf - Páginas similares
Peer comment(s):

agree Kathryn Litherland : I don't see any reason to go beyond the basic meaning of the source word here. Yes, one can infer that the nature of the paterns' impact on the product is to impinge or hinder it, but that's not explicit in the source. No need to overinterpret.
2 hrs
I agree and always avoid reading anything into the translation that might limit the interpretation, there are MANY ways in which patents affect each other: Thanks for your comment, Kathryn :))
agree neilmac : I'm with KL on this.
9 hrs
Thank you neilmac, and HAPPY, HAPPY NEW YEAR ! :))
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you... good discussion all around, but KL's comment here settled it for me. LJ"
+1
4 mins

encumber // impair

Mike :)

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Note added at 6 mins (2009-01-07 23:15:35 GMT)
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time during which the patent is in force and the date of expiration (if applicable) could impair or encumber another patent

Oxford Unabridged Spanish-English Dicitonary

Marina Orellana. Glosario internacional del traductor.
Peer comment(s):

agree Andrée Goreux : I like encumber best because I feel that impair might refer to some defect in the invention itself.
2 hrs
Thank you, agoreux, and that's an interesting observation that you made on the difference between "impair" and "encumber." - Mike :)
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15 mins

have a bearing on the product as it relates to its enforcement and expiry date (if any).”


My take on it:

The, if any, would take care of whether the impact is negative or otherwise.

http://www.uspto.gov/main/glossary/#application
application (patent) an application for patent filed under 35 U.S.C. 111(a) that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications. The nonprovisional application establishes the filing date and initiates the examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.
-- see How to Get a Patent for guides for each type of patent application

Something went wrong...
+1
18 mins

hinder

-

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Note added at 31 minutos (2009-01-07 23:40:45 GMT)
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In a recent article, (“Does One Size Fit All?: The International Patent Regime,” Summer 2004) Graham Dutfield criticized international patent standard-setting efforts, contending that developing countries should be free to design individualized patent systems according to their respective levels of industrial and technological development. Underlying this argument is the author’s view that ** patents hinder development** and “imitation” is the most effective way to bridge the industry-technology gap between developing and developed countries.
http://hir.harvard.edu/articles/1278/



Because it had not explored all the process options, Du Pont worried that competitors or independent inventors could apply for nylon-related patents that **could hinder the product's development.**
http://invention.smithsonian.org/centerpieces/whole_cloth/u7...



Product development public private partnerships (PDP’s), among
others, have demonstrated how to leverage intellectual property rights, segmenting
the market in their licensing agreements in order to achieve the ultimate goals of
delivering biomedical innovations to poor and underserved populations where
there are very limited commercial markets. It is in cases like these that open source
licenses may** hinder the product’s commercialization** by precluding the engagement
of private capital.

There are other, non- IP, reasons why this is not done; access to materials, biosafety issues, liability and stewardship issues, and a weakness in scientific capacity can be more serious impediments than **foreign patents in hindering** progress in plant biotechnology in developing countries.
http://www.weforum.org/pdf/schwabfound/Innovations_SpecialEd...
Peer comment(s):

agree Catherine Gilsenan : Agree with "hinder the product's development". Seems to fit the context better.
11 hrs
Thank you, Catherine
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17 hrs

[provide a list of patents etc] regarding/existing for this product.....

.....stating the validity thereof and expiry dates if applicable.

Simple, my dear Watson. This is a case of Spanish legalese....

Your phrase means that a list has to be provided, stating therein any patents related to, regarding, existing with respect of [you name it] the product....etc.

Something went wrong...
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