Legal Fields

In every area of intellectual property rights, we offer qualified consulting and support. Below, we have listed some details from a selection of topics.

Apply for a Patent

Apply for a Patent

From the patent application emerging to it being granted

A well-prepared patent application not only requires consultation with an experienced patent attorney when the “Invention Disclosure” is filed, but starts with a dialog between the patent attorney and the inventor at the moment the new idea is developed. In this way, especially during discussion of the new idea, the inventor and the patent attorney will find ways to approach the patent research that follows. The results of this research could be used to steer the idea purposefully in the direction of a new invention. In this way, both the developing process can be optimized and the quality of a later patent application be improved. Likewise, we can help you find so-called “white spots” in the patent world.

Together with our clients, we then bring the technical solution found in this way into the form of patent or utility model application. In this connection, both the comprehensive and comprehensible illustration of the invention with respect to the granting procedure, and the wording of clearly-defined claims for a better enforceability of the potential patent later on are just as natural for us.

In the course of the granting procedure, we support our clients actively by making proposals and recommendations on how to proceed further. In doing so, we also focus on the product actually sold, since at a later date, the single and only purpose of a good patent is to protect your products and give you an edge over your competitors.

After granting the patent

For us, it is also a matter of course that we represent you in an efficient and targeted way when it comes to possible opposition or a nullity procedure later, bearing in mind your interests and the products covered by the patent.

Of course, we will also support you in case you find that a competitor is possibly infringing one of your patents. In this connection, we first give you advice on the possibilities available to you so that we can then find and implement together those strategies, which are legally possible and commercially viable in this case.
Patent Infringements

Patent Infringements

Patent infringement from a patent owner’s point of view

The implementation of patents requires the patent owner to be particularly attentive towards the market so that he is able to recognize any infringement of his patents in good time. This includes people from the sales department visiting clients and trade fairs knowing their company’s patent portfolio. We support your sales department early on at this preparative stage by providing them with appropriate mind maps.

Should you become aware of a possible patent infringement, a corresponding analysis is inevitable. In this way, confrontation with the possibly infringing competitor can be adjusted to the particular situation and an unjustified formal warning avoided.

If an out-of-court settlement with the possible infringer is neither requested nor realizable, we will help you with our vast experience in legal disputes. In close cooperation with our client, we then assess the possibilities on how to proceed, by, for example, attaining a preliminary injunction, a border seizure or asserting information and disclosure claims to which the patent owner is entitled, as well assessing the advantages or disadvantages of these measures based on the special case. Of course, we will also keep an eye on a possible attack by the infringer on your patent to then be able to repel any nullity request, i.e. an examination whether your patent is valid.

Infringement of a patent from a possible infringer’s point of view
After an authorization enquiry or warning notice has been received, an efficient, rapid and professional reaction to the patent owner is highly important, so that first, the patent owner is not given unnecessary concessions and, second, the relevance of the accusations can be assessed. In this connection, we even gladly support you in short term by analyzing the situation from the patent point of view and discussing further opportunities and strategies for defense. A commonly used opportunity to defend oneself against a patent owner is to file a nullity request, or to reach an interim solution via a separate patent protection.

Additionally, we gladly support you in avoiding any patent infringements. In this connection, we carry out so-called “Freedom-to-Operate Analyses”. These analyses verify whether one of your planned projects may infringe the property rights of third-parties. In this way, and depending on how highly developed your product is, either an alternative technical solution may be found, or the risk of a possible dispute with a patent owner assessed.
Trademark Legislation

Trademark Legislation

With regard to trademark legislation, like patent legislation, we also help you prior to filing the trademark application. For example, we assist you with preliminary surveys or analyses of the respective mark with respect to possible grounds for refusal, even during development of the basic idea. Additionally, we advise you on the optimum application strategy for those countries relevant to you.

After a trademark has been registered successfully, we assist you in surveilling your trademark and thus repelling other trademarks which are too close to your own. The same applies to possible trademark violation by any of your competitors. In this connection, and in case of trademark violation, we also examine further claims together with attorneys-at-law based on the “complementary protection of performances” in accordance with the German Unfair Competition Act (UWG).
Regulations on Employee Inventions

Regulations on Employee Inventions

Every invention in Germany, which is made by an employee and relates to the employer he works for, is subject to the Employee Invention Law, which states that the right to file an application passes to the employer automatically. In return, the employer has to pay reasonable remuneration to the employee.

We gladly advise your company in determining the appropriate level of remuneration and its level if potential disputes arise with your employees. In this context, we also help you in developing a remuneration system for your company.
Design Legislation

Design Legislation

As far as our experience goes, protecting designs is becoming more and more important, especially as a supplement to patents and utility models. A well-protected design, in this regard, is an intellectual property right, which can be quickly and easily checked by customs authorities when it comes to importing and exporting goods. Therefore, and especially in connection with a patent application for an important good, we recommend filing a design application for the product as well.
Utility Model Legislation

Utility Model Legislation

The utility model, in its role as the “little brother” of the patent, requires the same accurate and precise approach concerning the development of the application as a patent. Since the utility model comprises an unexamined intellectual property right, its enforceability requires a high degree of commitment when it comes to possible infringement. In this case, we support you in the best possible way.
License and Contract Law

License and Contract Law

Basically, intellectual property rights may be part of contracts in the form of intangible property. In this connection, intellectual property rights may, for example, be transferable among the individual group companies within the company, or be part of licensing agreements, in particular, if a company group holds all intellectual property rights for the company.

However, when it comes to cooperating with third-parties that are not a part of the company, a contractual arrangement for existing or possibly emerging intellectual property rights is also essential in order to avoid nasty surprises later. Owing to our long-term experience, we assist you right at the beginning of negotiations with third-parties by reviewing and drafting non-disclosure agreements. We accompany the respective paths taken up to the point of drafting research and cooperation agreements. In this way, we work out the framework conditions together with our clients for successful cooperation with third-parties.

  • Apply for a Patent
  • Patent Infringements
  • Trademark Legislation
  • Regulations on Employee Inventions
  • Design Legislation
  • Utility Model Legislation
  • License and Contract Law