Patents
The most important reason for applying for a patent is to obtain protection against imitation and in this way to secure a lead on the market. A patent gives the proprietor the right for a maximum of 20 years to monopolise the manufacture, use and marketing of the protected subject matter – which is his well-deserved reward for his creativity and investment.
The patent – and this is a decisive advantage – is an examined intellectual property right: the invention must be “new”, involve an “inventive step” and be “susceptible of industrial application”. These requirements are examined thoroughly by the German Patent and Trade Mark Office (GPTO) – which is why the patent is highly respected.
A proprietor of a patent may have a right to exclude competitors from the market and enforce higher prices for protected subject matter. However, protection applies only in countries in which patent protection exists.
Depending on the specific project, SCHATZ IP develops customized protection strategies for clients. Based on this protection strategy, SCHATZ IP prepares the necessary application documents. After submitting them to the right office, SCHATZ IP represents its clients before said office and handles the official application process through to the possible granting of a patent. After granting, SCHATZ IP assists in maintaining patent protection.
Also depending on the specific project, a national patent application, in particular a German patent application, a regional patent application, in particular a European patent application, or an international patent application may be appropriate. SCHATZ IP will be happy to advise on differences and advantages of the respective type of property right and the associated costs.
Once a patent has been granted, SCHATZ IP also advises and represents clients in matters relating to the enforcement of patent protection against alleged patent infringers. Patent protection can be enforced, for example, by means of a request for authorization, a warning letter, or a patent infringement lawsuit.
In addition, SCHATZ IP assists in defending patents against attacks by third parties. Such attacks may take the form of an opposition or an action for annulment, for example.
Regardless of whether client has a patent protection or not, it may be advisable to challenge a third party's patent if that patent stands in the way of client's economic activities and no other agreement can be reached with the owner of the third party patent. In this regard, SCHATZ IP advises and represents clients before the responsible office. The attack on a third-party patent can take the form of an opposition before the GPTO or the European Patent Office (EPO), or a nullity action before the German Federal Patent Court.
Intellectual property activities of third parties, in particular competitors, can be monitored in order to gain an overview of the activities of third parties in client's technical field. Furthermore, it may be useful to monitor the intellectual property situation in client's technical field in general in order to avoid infringement of rights of third parties. In addition, the progress of a patent application procedure for a third party can be monitored in order to assess whether or not a patent relevant to client's activities will be granted. SCHATZ IP carries out such monitoring, discussing in advance which monitoring strategy is most appropriate.
Particularly in cases where clients don't wish to manufacture an invention protected by client's patent, a client may consider licensing the patent protection in order to allow licensees to manufacture the protected invention and receive financial compensation for this. SCHATZ IP also advises on such licensing matters and, in particular, assists in the drafting and negotiation of license agreements.
Patents are essential for securing innovations developed by advanced technology companies and are therefore of enormous economic importance to these companies. Patent protection is just as important for start-ups as it is for small and medium-sized enterprises, particularly in order to enable them to participate assertively in economic life. In addition, patent protection naturally also plays an important role in large-scale industry. SCHATZ IP is happy to assist clients in all matters relating to patent protection.
