Glossary entry

German term or phrase:

zur besseren Bewertungsmöglichkeit

English translation:

this will facilitate the evaluation.

Added to glossary by Heike Holthaus
Jul 17, 2017 14:19
6 yrs ago
1 viewer *
German term

zur besseren Bewertungsmöglichkeit

German to English Law/Patents Law: Patents, Trademarks, Copyright
Ungeachtet der Syntax des Merkmals M 1.2 wird hier für die Ausführungen in Kapitel III ***zur besseren Bewertungsmöglichkeit*** wahlweise eine erste Bedeutung angenommen.

Es handelt sich um einen Einspruch gegen ein Patent. Die Einsprechende argumentiert, dass der Wortlaut eines Anspruchs zweideutig ist.

Discussion

Björn Vrooman Jul 19, 2017:
Hello TechLawDC To avoid any misunderstanding: I don't disagree; I only provided some more options in the d-box because
a) in my experience, "evaluation" is one of those words that is in frequent overuse among translators; depending on context, it may be as simple as "to rate" or "to judge the value, etc. of something";
b) it shows that you can use yet another option besides better/ease of/facilitate (namely, aid/assist in) to translate "besser"; it all depends on how you're phrasing the sentence.

That said, I'm not particularly fond of "assess," as you may need another noun for it (Johanna's own link shows the authors to use "assess" mostly in combination with "for clarity") and for some reason, "understanding" doesn't sound right in this context.

Best
TechLawDC Jul 19, 2017:
The author is not specifically referring to a cour The author is not specifically referring to a court.
This is from an appeal brief. The author is referring to his/her own arguments, not an evaluation by the appeals panel or Patent Court or other judicial body. I personally prefer "evaluation", but "coming to a conclusion" or "arriving at a conclusion" would be acceptable too.
Björn Vrooman Jul 19, 2017:
@Heike "to aid the court in coming to a correct conclusion' as to the 'true meaning of the language employed'"
...
'[e]xtrinsic evidence may also be considered, if needed to assist in determining the meaning or scope of technical terms in the claims'"
http://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?articl...

"which use the description and drawings to interpret the claims concern the interpretation of relative, ambiguous or unclear terms or cite the description merely to confirm the most obvious interpretation of the text of a claim"
http://www.epo.org/law-practice/legal-texts/html/caselaw/201...

"the claim had to be interpreted as requiring that the first method step did not interfere with"
http://www.epo.org/law-practice/legal-texts/html/caselaw/201...

"The description of the invention can assist in interpreting the claim"
http://www.piperpat.com/page/listing/interpharma-nz-ltd-v-co...

As simple as that, IMO. I prefer "notwithstanding" to "regardless," but maybe I'm getting too old.

Best wishes

Proposed translations

+1
5 hrs
Selected

this will facilitate the evaluation.

(This is very familiar writing style in patent opposition briefs.)
Full rendering: Ungeachtet der Syntax des Merkmals M 1.2 wird hier für die Ausführungen in Kapitel III ***zur besseren Bewertungsmöglichkeit*** wahlweise eine erste Bedeutung angenommen.
Regardless of the syntax in Feature M 1.2, for purposes of the arguments in Part III a first meaning will be assumed here [(at least initially)]; this will facilitate the evaluation.
---
Explanation: The author is attacking Feature M 1.2, which is susceptible to more than one interpretation. Initially at least, a first (e.g. paraphrased) meaning of Feature M 1.2 will be assumed, to make the argumentation better (e.g. more concentrated and streamlined).
Peer comment(s):

agree Johanna Timm, PhD : "assess/assessment" seems to be the language used in such cases: https://www.carpmaels.com/an-introduction-to-clarity-in-epo-...
2 hrs
I think the author is introducing the reader to his/her own arguments, and is not referring to the "assessment" performed by the appeals panel.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you."
+1
11 mins

to better evaluate (it)

I THINK this is what is meant. Good luck, Heike!
Example sentence:

Despite the element M 1.2 syntax, the first definition is assumed (in order) to better evaluate the explications in chapter III.

Note from asker:
Thank you, Ramey. I think I must use a more formal solution in this patent text.
Peer comment(s):

agree BrigitteHilgner : This suggestion looks sensible to me (but I've never translated a patent). // Happy translating to you, too! :-) (Here, business is a little bit slack at the moment.)
1 hr
Me neither, Brigitte. Hence, low CL. Happy translating!//Things are comfortable, which is nice for a change.
neutral philgoddard : This doesn't make syntactic sense, because it's not clear who is doing the evaluating. It means "to make it easier for **the reader** to evaluate". Also, you've used a split infinitive.
2 hrs
Oh dear! Other than the split infinitive it makes perfect syntactic sense. The subject is inferred.
Something went wrong...
+3
2 hrs

for ease of understanding/evaluation

Something like: "For ease of understanding, and regardless of the syntax of characteristic M 1.2..."

Note from asker:
Thank you, Phil. I would have used this in a legal text other than a patent.
Peer comment(s):

neutral Daniel Arnold (X) : I think the better is missing in your proposal
2 hrs
agree Armorel Young : makes straightforward sense of what is otherwise a complicated sentence
2 hrs
agree AllegroTrans : Yes, and style as typically used in English docs.
3 hrs
agree gangels (X)
20 hrs
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5 hrs

for the sake of better evaluability

as an option
Note from asker:
Thank you for your input, Daniel.
Something went wrong...
7 hrs

to facilitate easier assessment

That's what they mean..
Note from asker:
Thank you, Michael. This would have worked, too.
Something went wrong...
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