Patents

Patent claims must contain sufficient features to distinguish them from state-of-the-art technology while at the same time possessing as few features as possible to prevent competitors from circumventing them. The aim is to claim the technically necessary core that leads to the economic advantage.

We do this by using our methodical structure-building process where we break down the technical invention into its components and reconstruct it at a higher level of abstraction. Our firm has many years of experience in this approach and its implementation. It involves intensive communication with our clients.

We modularize the original idea, prioritize the technical features according to their economic value and generate a broadly defined main claim that is distinct from the known state-of-the-art. In the dependent claims we create positions of withdrawal should any unexpected stat-of-the-art arise during the granting procedure. In this way, your company receives a protective right with a broad and flexible scope of protection.

We work across borders and support internationally active clients in Germany and from countries outside Europe, in particular the USA, Japan, India and China.

We support foreign clients’ extension of foreign patents to Germany and Europe. When drafting a subsequent application and in the granting process, we make sure that the possibilities of German and European law are fully exploited. We point out relevant differences to foreign patent law at an early stage. Due to our many years of experience in the extension of patents in both directions, we are familiar with the typical challenges involved.

Evidence is essential when enforcing a patent. Especially when the competitor’s product doesn’t reveal the infringement at first sight. We help you with investigating the evidence. This includes research in Internet archives, file hosters, blogs, technical forums and on social media sites. Due to our many years of experience we often find information that is crucial for enforcing our client’s rights. We can organize test purchases, exhibition visits and inspection procedures for you and in the case of actual suspicion of infringement, even on the site of a competitor.

To see whether our arguments are convincing we test them internally, in advance. As a family business we are used to discussing issues on an equal footing and playing the role of the devil’s advocate. Early on we anticipate an opponent’s potential arguments and raise them openly to detect any weak points.

Conflicts can be resolved without court proceedings. Together with you, we develop the right strategy for the negotiation to find a solution that takes your interests into account.

One of an infringer’s first defense arguments is the claim that the patent is not new or inventive compared to the state-of-the-art, i.e. that the patent was unjustly granted. On the basis of our many years of practical experience from grant and legal status proceedings in various administrative bodies and courts, we are in a position to realistically assess whether the property rights will survive the legal status proceedings.