Patent Law
Filing and Protecting a Patent
A patent provides protection for up to 20 years for technical solutions that are (globally) novel and inventive. It can safeguard objects, devices, systems, methods of operation and production, and the use of known items and substances for new applications. Patent protection is granted when a patent application successfully passes the examination procedure at the patent office.
National and International Patent Protection
The first step in the patent protection process is identifying the core of the invention. To protect our clients from investing in a non-patentable invention, our patent attorneys and patent engineers typically conduct a patent search in advance. This helps to assess the likelihood of obtaining a patent and to determine the potential scope of protection. Important: If our research indicates that filing a patent application would not be worthwhile, we will tell you so!
If the search results are positive, we draft highly precise patent claims to ensure that similar technical solutions are also covered by the granted patent. Patent claims are the cornerstone of any patent, and crafting them properly requires years of experience.
While patent claims define the scope of protection for the invention, the description and figures in the patent application serve to explain and clarify the invention. This process demands extensive expertise, not only of a technical nature but also regarding the legal implications of the chosen wording.
Patent Research and Monitoring
The global body of patent literature is the most comprehensive source of technical documentation. Conducting a patent search not only helps to determine the likelihood of obtaining a patent for your own invention but also provides developers and engineers with valuable insights and inspiration when addressing technical challenges.
Even without filing your own patent application, a search for third-party intellectual property rights should be conducted before launching a product. At the very least, you should regularly monitor the patents held by your direct competitors. If potentially problematic intellectual property rights are identified early, they don’t have to be passively accepted. For instance, on your behalf (or via a proxy), opposition can be filed against a recently granted patent within a nine-month period. Compared to a later invalidity action, this is a cost-effective way to challenge a problematic patent and, ideally, have it completely revoked.
What Else You Should Know About Patent Law
Patent law, along with its associated case law, is complex and sometimes confusing. You can rely on our decades of experience to provide you with competent and supportive guidance in all areas.
We are here for you, whether it involves conducting patent searches or drafting patent applications, managing the examination process before patent offices, or overseeing patent administration, including patent renewals and the payment of annual fees.
Our expertise extends to patent defense and enforcement, handling opposition and nullity proceedings, and, not least, patent commercialization and licensing.