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Patent application

Patents – protection for technical inventions

A patent can protect technical inventions against unauthorised commercial use by third parties. In particular, the invention must be new, involve an inventive step and be industrially applicable. A patent can provide protection for a maximum of 20 years.

Filing early is crucial. Even publicly disclosing an invention before the filing date can rule out its patentability. Technical details should therefore always be kept confidential until a patent application has been filed.

Before filing, we also recommend a search of the state of the art. It helps to assess the prospects of success of a patent application and to define a sensible scope of protection. A distinction must be made between the patentability of an invention and the question of whether its commercial use might infringe the rights of third parties.

We advise you on developing a suitable IP strategy, draft patent applications and represent you in grant proceedings before the German Patent and Trade Mark Office (DPMA) and the European Patent Office (EPO). After grant, too, we support you in defending and enforcing your rights.

Utility model

Utility models – fast protection for technical inventions

A utility model offers a fast and comparatively inexpensive way of protecting technical inventions. Unlike with a patent, the substantive requirements for protection are not examined before registration. A utility model can therefore be registered within a few weeks. The maximum term of protection is ten years.

A special feature is the six-month novelty grace period: under certain conditions, an invention can still be protected as a utility model even if the inventor has published it beforehand. However, technical processes are excluded from utility model protection.

Because registration takes place without examining novelty and inventive step, a careful assessment of the state of the art is particularly important.

We advise you on whether a utility model, a patent or a combination of both is appropriate for your invention, and support you in drafting and filing.

Trade marks

Trade marks – protection for names, signs and designations

A trade mark makes your products and services distinctive and contributes significantly to your company's brand recognition. By registering a trade mark, names, logos and other signs in particular can be legally protected.

We advise you on choosing suitable trade marks, defining the scope of protection and filing in Germany, the European Union and internationally.

Before filing, we recommend a search for earlier trade mark and sign rights. Even a registered trade mark offers no guarantee that using it will not infringe earlier rights of third parties.

We support you from the initial assessment through filing and registration to monitoring, defending and enforcing your trade mark rights.

Design

Design protects the visible appearance of a product – for example its shape, lines, contours, colours or surfaces. This allows characteristic designs to be secured against imitation.

Design protection is particularly worthwhile when the outward appearance of a product is a significant part of its recognition value. Depending on the market and sales territory, protection can be built up nationally, Europe-wide or internationally.

Searches

Trade mark searches

Before you file a new trade mark or use a name for your company, products or services, you should check whether earlier rights of third parties already exist.

A targeted trade mark search can identify potential conflicts early and reduce the risk of oppositions, cease-and-desist letters and costly disputes.

We search for and assess, in particular, earlier German trade marks, EU trade marks, international trade marks with protection in the relevant countries and, where applicable, other sign and company rights.

Patent searches

Before filing an invention, it is advisable to establish the known state of the art. A patentability search can show whether an invention is new and what the prospects of a patent grant are.

This must be distinguished from the question of whether manufacturing or marketing a product could infringe existing patents or utility models of third parties. Infringement searches and so-called freedom-to-operate (FTO) analyses serve this purpose.

We support you in searching for and assessing relevant intellectual property rights so that you can make well-founded decisions about filing, developing and commercially exploiting your innovations.

Licence agreements

Drafting a “tailor-made” licence agreement and negotiating it through to conclusion are the “highest art” of legal advice. You should therefore seek the advice of an experienced lawyer or patent attorney.

Otherwise, you could run the risk of signing clauses whose meaning is not clear to you.

We would therefore be pleased to draft a patent, utility model, registered design or trade mark licence agreement for you.

Familiar cases include a licensor accepting liability for the manufacturability of the licensed product, even though its manufacture is in the hands of the licensee, over whom the licensor generally has no influence.

Accepting liability for the grant of the licensed right as a patent (where the licence agreement was based only on a patent application) also carries risks.

It is important that not only an appropriate per-unit royalty is agreed, but also an appropriate lump-sum payment on conclusion of the agreement.

The lump-sum payment is important because, in addition to a calculated entrepreneurial profit, it is meant to compensate the licensor for development costs incurred, intellectual property costs and other advance expenditure. The licensee would have incurred such costs too had it carried out the development itself. It is therefore only fair that the licensee shares in these costs by way of a lump-sum payment on conclusion of the licence agreement.

Patent infringement

Patent infringement – recognising and avoiding risks

Anyone developing or launching a new product should clarify at an early stage whether it could infringe existing patents or utility models of third parties. Even independent development does not protect against patent infringement. In a dispute, claims for injunctive relief and damages are the main risks.

We support you in assessing possible infringements of intellectual property rights. This includes in particular searching for and assessing relevant rights, as well as so-called freedom-to-operate (FTO) analyses, in which we examine whether third-party rights could stand in the way of planned manufacture or marketing.

Even if you have already received a cease-and-desist letter or suspect that a competitor is infringing your rights, we will advise you on the legal position and the next steps.

Advice for inventors

This service shows independent inventors, employee inventors and managing directors of craft businesses and small companies in particular the steps needed to protect an innovation.

Please note that a thorough file review, targeted legal advice or the drafting of a patent application are not possible within the free initial consultation.

The free initial consultation is offered to a limited extent only. To arrange a consultation, please contact us by telephone or in writing.

Do you want to protect an invention, trade mark or design?

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