Glossary entry

German term or phrase:

wobei

English translation:

wherein / with ... being / in which

Added to glossary by Brie Vernier
Jan 18, 2006 01:00
18 yrs ago
18 viewers *
German term

wobei

German to English Law/Patents Law: Patents, Trademarks, Copyright Patent for antibiotic
Is is preferable to use "characterized in that..." for "wobei" in the claims below:

"Verbindungen der Formel (I) wobei A ein Sauerstoff-, Schwefel- oder einer heteroalkylgruppe ist."

"Verbindungen nach einem der obigen Ansprüche 1 bis 7, wobei eine Gruppe der Formel durch ein =O Gruppe ersetzt sein können."
Change log

Sep 18, 2017 15:16: Ulrike Kraemer changed "Field" from "Science" to "Law/Patents"

Proposed translations

+14
3 mins
Selected

wherein

NO, it is NOT preferable. 'Characterized in that' would be 'dadurch gekennzeichnet, dass'. If it doesn't say that, it doesn't get translated as that.

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Note added at 13 hrs 52 mins (2006-01-18 14:53:20 GMT)
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Here are just a few of thousands of examples of this usage (I have chosen strictly references based on US patents from US patentees/applicants, i.e. *not translations*):

Agent: Pfizer Inc - New York, NY, US
Inventor: John Adams Lowe
Class: 514269000 (USPTO), A61K031/513 (Intl Class)

1. A compound of the formula: 4wherein Z.sub.1 and Z.sub.2 are independently carbon or nitrogen, provided that Z.sub.2 is not carbon when Z.sub.1 is carbon; W, X and Y are each, independently, hydrogen, (C.sub.1-C.sub.6) alkyl optionally substituted with from one to seven fluorine atoms, (C.sub.1-C.sub.6)alkoxy optionally substituted with from one to seven fluorine atoms, with the proviso that the number of fluorine substituents on each of the (C.sub.1-C.sub.6) alkyl and (C.sub.1-C.sub.6) alkoxy groups does not exceed the number of positions in each of the (C.sub.1-C.sub.6) alkyl and (C.sub.1-C.sub.6) alkoxy groups that are available for substitution; carboxy; carbo-(C.sub.1-C.sub.6)alkoxy; carboxamido; (C.sub.1-C.sub.6)alkyl-thio; sulfoxyl; sulfonyl; halo; nitro; cyano; amino; (C.sub.1-C.sub.6) alkylamino and di[(C.sub.1-C.sub.6) alkyl]amino; and R.sub.1 is hydrogen or C.sub.1-C.sub.6 alkyl; or a pharmaceutically acceptable salt thereof.

2. A compound according to claim 1, wherein Z.sub.1 is N and Z.sub.2 is CH.

http://www.freshpatents.com/Pyridylamino-compounds-and-metho...



3. A compound having the following formula:

EMI4.0

Wherein at least one of R1, R2 R3, R4, R5, R6, R7, R8, and R9 contains COOH or other acidic groups.

4. The compound of claim 3, wherein X can be C or N; when C or N is at any X position, the corresponding R group may or may not be there.

http://v3.espacenet.com/textclam?CY=gb&LG=en&DB=EPODOC&IDX=U...

This invention relates to methods of treating patients with cancer by administering combination chemotherapy wherein effective amounts and schedules of administration of two or more antineoplastic agents are administered to the patient, together with a toxicity reducing amount of a protective agent of the following formula I:

R1 --S--X1 --R2.sub.; (I)

wherein R1 is hydrogen, C1 -C6 alkyl, or --S--X2 --R3 ;

R2 and R3 are each individually sulfonate or phosphonate; and

X1 and X2 are each individually C1 -C6 alkyl, optionally substituted by one or more hydroxy, sulfhydryl or alkoxy moieties.

http://www.pharmcast.com/Patents/Yr2003/July2003/072203/6596...



John Henry, a research chemist at the C & O Chemical Co., makes new chemical compounds the old-fashioned way: one at a time, thoroughly isolating, identifying and testing each new compound.[2] He discovers a new anti-viral compound that cures both AIDS and the West Nile virus and subsequently applies for a patent. His application is rejected by the Patent Office as being anticipated by[3] and obvious over[4] a patent assigned to the Steam Drill Chemical Co. The Steam Drill patent has three broad claims:



1. A library[5] comprising a plurality of compounds of Formula I:

XYZ;

wherein X is a scaffold[6] and Y and Z are Markush[7] groups comprising hundreds of substituents.

2. A compound[8] of the Formula I:

XYZ;

wherein X is a scaffold and Y and Z are Markush groups comprising hundreds of substituents.

3. A method of making the library or compounds of claims 1 or 2 comprising the step of converting scaffold X to a further functionalized compound XYZ.[9]

http://www.jmls.edu/ripl/vol2/issue1/hopkins-middle.html


"in which" would be another viable option. "where" is not strictly wrong, but it is not common in such contexts, for which I'm sure the patent attorneys have very good reasons.
Peer comment(s):

agree Christine Lam
5 mins
Thanks, Christine
agree John Speese : I agree too, and wobei can be a difficult word to translate, but wherein usually works. American patentese is somewhat more flexible than German, and the main thing is to be consistent.
23 mins
Indeed -- thanks, John
agree Teresa Reinhardt : or, "with A being..."
30 mins
Right-o, was just about to add that as a note, but no longer need to : )
agree Trudy Peters : Agree with Teresa
56 mins
Thanks, Trudy
agree Kim Metzger
1 hr
Thanks, Kim
agree Sabine Tietge
2 hrs
Thanks, Sabine
agree Edith Kelly
4 hrs
Thanks, Edith
agree Ingo Dierkschnieder
5 hrs
Thanks, Ingo
agree Ulrike Kraemer
7 hrs
Thaks, LittleBalu
agree Armorel Young : Well said, Brie
7 hrs
Thanks, Armorel
agree mgrange
9 hrs
Thanks, mgrange
neutral Richard Benham : [...]"where" works better here.//That doesn't make it correct [...] this is supposed to be translation into English.//There's a difference between a patent and patent nonsense!
12 hrs
Feel what you must, Richard, but this is common patent language//Yes, Richard, a translation of a *patent* into English.
agree Rebecca Garber : wherein is correct patent-ese for this situation.
14 hrs
Thanks, Rebecca
agree Angie Garbarino : yes common patent english language
1 day 22 hrs
Thanks, Angioletta
agree Danijela M. Ivanović : Thank You very much.
4651 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "This helps a lot!"
1 hr

whereat / in which

2 of several possibilities
Reference:

http://dict.leo.org

Peer comment(s):

neutral Kim Metzger : Whereat is certainly not a possibility. http://www.bartleby.com/61/50/W0115000.html
1 hr
Something went wrong...
+1
2 hrs

whereby


As "dadurch gekennzeichnet, dass" is generally translated alternately as:
characterised in that (UK) or
wherein (US)
one cannot use either of these two for anything else in such cases.
So "wobei" can be translated as "whereby" or using a construction such as "...., with .... [ing-verb form]"
HOWEVER, judging by the examples of claims provided by the asker, the patent author might actually have been in error in his/her use of words in the original; "wobei" should actually have been "dadurch gekennzeichnet, dass" in this 'two-part claim' (Jepson claim).

Source: unknown
Two-part claims
While there are many ways to draft claims, there is one style worthy of particular mention: the two-part claim. In such a claim, the measures are grouped into two parts, separated by a phrase like "characterized in that", "with an improvement comprising" and so on.
In the USA, such claims are sometimes also called Jepson claims, after the first patent attorney to use them. They are rarely used, however, since they introduce a potential risk. Everything before the separating phrase (typically "with an improvement of") is assumed to be known, whether that is in fact true or not. This assumption can then be used to argue that the improvement is obvious in the light of the "admitted prior art", even though in reality the improvement wasn't obvious at all. This makes US patent practictioners wary of using this construct.
European patents will almost always have two-part claims, since this is required by Rule 29 of the European Patent Convention, unless there are very good reasons not to use this form (for example, when the improvement is a step of a method to be performed in between two known steps).



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Note added at 2 hrs 27 mins (2006-01-18 03:28:17 GMT)
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Example:
13. System in accordance with Claim 12, wherein the system encompasses one or two monochromators, whereby the light emitted by the flashlamp and/or the sample is filtered spectrally by the one or two monochromators.
Peer comment(s):

agree verbis
8 mins
neutral Ingo Dierkschnieder : I've seen this being used many o' times in patents but normally whereby means wodurch, womit so in my opinion this is not applicable.
2 hrs
neutral Richard Benham : "Whereby" just doesn't fit in grammatically in this case.
9 hrs
Something went wrong...
+2
9 hrs

where

German writers of patent applications seem to be in love with the word "wobei". Often, it seems to be a meaningless conjunction, merely serving to introduce additional information without specifying the relationship of this new information with that contained in the rest of the sentence.

Here, however, "wobei" seems to have a fairly definite meaning. This meaning is normally rendered in English by "where". Compare, e.g. "The area of a triangle is given by A=ab/2, where A is the area, a the altitude, and b the width of the base."
Peer comment(s):

agree Cilian O'Tuama : standard in a science or textbook context, not sure about patents
2 hrs
agree gangels (X)
6 hrs
Something went wrong...
16 hrs

with "A" being a

formula (I), with "A" being an oxygen, sulphur etc
Peer comment(s):

neutral Brie Vernier : This is fine, Klaus, but it was already suggested at 33 mins., see Teresa's agree and my response
7 hrs
Something went wrong...
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