Success is often associated with innovative ideas. Unfortunately, many inventors repeatedly experience how quickly such an idea, which has been painstakingly developed, can be copied by third parties and potentially marketed very successfully. Thus, inventors regularly face the following questions:<\/p>\n
– Is my idea really new?<\/p>\n
– What should be considered before disclosing to potential contractual partners, e.g., suppliers or customers?<\/p>\n
– How can one protect oneself against potential imitators and plagiarism?<\/p>\n
Whether an idea is new is usually only revealed by a patent search. Here, it is important to choose the appropriate terminology and pursue the right search strategies to achieve meaningful results.<\/p>\n
In addition, it is also necessary to study relevant literature and check the market for similar product ideas.<\/p>\n
Such searches can never provide 100% certainty. However, such a search always provides insight into the likelihood of a successful application. The legal system also requires that a responsible manufacturer informs themselves about possible protective rights before marketing products.<\/p>\n
If such a patent search is successful, the path to marketing is open. However, there is then a risk that competitors will copy the idea – the marketing success is at risk.<\/p>\n
For this reason, it is advisable to consider applying for a patent or utility model before marketing innovative developments. Only in this way can the marketing of the innovative idea be secured exclusively for several years.<\/p>\n
Only ideas that are still \u201cnew\u201d can be registered, i.e., those that are not yet known or introduced to the market.<\/p>\n
The requirements for so-called \u201cnovelty\u201d are very high.<\/p>\n
An idea to be patented must not have been disclosed before the application, for example. If you still want to show the idea to suppliers, customers, or other persons, e.g., to obtain an opinion on marketability, it is imperative that the parties sign a confidentiality agreement, often called a Non-Disclosure Agreement or NDA.<\/p>\n
Through such agreements, the idea is considered not yet disclosed. However, it is important for evidentiary reasons that the agreement is in writing.<\/p>\n
Once the invention is largely developed, you can begin to prepare a patent or utility model application. For this, in addition to the state of the art, the invention, the inventive concept, should be presented as concretely as possible. Central to this are also the so-called patent claims. Because ultimately, only what has been registered as a patent claim is protected.<\/p>\n
It is advisable to describe and register possible alternatives, workarounds, and conceivable modifications for protection as well.<\/p>\n
Then follows the application.<\/p>\n
Here the question arises: Utility model, national patent, or European patent? Comprehensive advice on the advantages and disadvantages is necessary for this decision. There is no \u201cthe\u201d right decision here. Rather, it depends on the intended use, as well as goals and strategies beyond patent law, to determine the optimal decision.<\/p>\n
We are happy to accompany the application process and defend the patent before the respective office if objections should arise.<\/p>\n
We support you in expanding to other countries, e.g., via the PCT procedure, and monitor the deadlines for paying renewal fees.<\/p>\n
In cases of patent or utility model infringements, one must act quickly against imitators and other infringers. We support you in every direction, whether in attack or defense.<\/p>\n
Should you ever be attacked yourself, we will examine the legitimacy of the attack and support you in your defense.<\/p>\n
The advice from our law firm is competent, interest-oriented, and targeted.<\/p>\n
Upon request, we represent you before all German courts (except the Federal Court of Justice), especially also before the specialized courts for industrial property rights.<\/p>\n
When contacting authorities, especially the customs authorities in case of an intended seizure of imitations that are to be delivered to Germany from outside the EU, we are happy to help and support you. This can often prevent the goods from being imported into the European Economic Area in the first place. Because: Once the imitation is in the country, it’s often too late.<\/p>\n
Support is provided by our cooperation partners: Dr. Leonore Hornig and Frank Petersen, Patent Attorneys<\/p>\n","protected":false},"excerpt":{"rendered":"
Patents and Utility Models in General Success is often associated with innovative ideas. Unfortunately, many inventors repeatedly experience how quickly such an idea, which has been painstakingly developed, can be copied by third parties and potentially marketed very successfully. Thus, inventors regularly face the following questions: – Is my idea really new? – What should […]<\/p>\n","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1978","page","type-page","status-publish","hentry"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t