Consulting areas

Intellectual property right applications

Patents. Trademarks. Designs. A perfect fit.

Every intellectual creation is unique. And so it should be protected.

We draft patent, trademark or design applications for your creations to prevent third parties from using your intellectual property in business transactions.

When drafting patent applications, you benefit directly from our experience in litigation and application proceedings, both nationally and internationally. This is because we incorporate the experience regarding potential pitfalls, for example with regard to possible interpretations of the scope of protection of patent claims, directly into the formulation of the patent application.

In this way, we ensure that the scope of protection of your patent application is directed precisely to the products you aim for.

A unique selling point is our expertise in the field of software patents or computer-implemented inventions, for example in the field of artificial intelligence, analysis and optimization, blockchain applications and simulation. Our focus is always on ensuring that the protected subject matter is actually used by your competitor (and not just by your client) and that it can be realized by a single perpetrator (and not just by several perpetrators). What at first glance appears to be a matter of course is not achieved by numerous existing patent applications and patents. However, the owners of the property rights often only realize this too late, namely in the event of patent disputes.

We also examine mixed application strategies, in which a product can be protected by different types of property rights, possibly including competition law or copyright, as standard.

We will be happy to check for you whether your invention, product or trademark meets the requirements for protection. Please get in touch with us.

Dispute avoidance

In our view, dispute avoidance has top priority for the implementation of sustainable intellectual property strategies.

For us, avoiding disputes at an early stage involves, on the one hand, well-drafted patent applications and obtaining legally valid patents with a clearly defined scope of protection. The scope of protection of such intellectual property rights is often not even questioned.

On the other hand, for us this includes monitoring applications for industrial property rights and granted or registered industrial property rights of competitors. This enables potential infringements of property rights to be avoided at an early stage, for example through workarounds or by attacking the legal status of property rights at an early stage. For example, oppositions can be filed with the European Patent Office and the German Patent and Trademark Office against recently granted patents. We have the experience of a large number of successful opposition and opposition appeal proceedings.

If this is no longer possible, we will take further measures for you to actively avoid legal disputes. We are happy to actively support you in the preparation and supervision of product launches or trade fair appearances, for example by filing protective letters.

Are you interested in IP monitoring for your technologies or other measures to avoid legal disputes? Get in touch with us.

Defense against infringement claims

Ready for defense. Powerful. At all times.

Have you received a warning letter or have you been served with an interim injunction or an infringement action by a German regional court or the Unified Patent Court (UPC)?

We support you in these conflict situations in which risks arise that can only be assessed correctly and appropriately by experienced advisors.

We are used to forensically analyzing issues and getting to the bottom of things. Our experience and creativity allow us to find the decisive arguments that convince. Depending on the scope and complexity of the matter, we call in lawyers and other patent attorneys from our strong network. Conversely, we often strengthen the teams of attorneys-at-law who call on our technical expertise.

If necessary, we defend you against infringement claims asserted by third parties in court. In addition, if the facts of the case so require, we take action against the legal validity of asserted property rights. In the case of patents, this is done by filing an opposition against the grant with the patent offices or an action for revocation with the Federal Patent Court or the Unified Patent Court. We have the experience of a large number of successful opposition and appeal proceedings and nullity proceedings.

If your company finds itself in one of the above exceptional situations, please do not hesitate to arrange a non-binding meeting with us.

Enforcement and defense of intellectual property rights

Appropriate. Respectful. Assertive.

Is your innovation or brand being copied – despite existing intellectual property rights? Do you want to take action against an unwelcome competitor?

An initial measure in this regard can be a notice for production of legitimacy claim or a warning letter. If the competitor does not comply, we will emphasize your claims by means of an injunction or an infringement action and, if necessary, enforce them.

Furthermore, or independently of this, has the legal validity of your property right been attacked? If necessary, we can also defend your intellectual property rights against legal challenges. Particularly with regard to patents, we have experience from a large number of infringement proceedings and parallel opposition and appeal proceedings or nullity proceedings. Here too, depending on the scope and complexity of the matter, we call in attorneys-at-law and other patent attorneys from our strong network or, conversely, strengthen the teams of attorneys-at-law.

We would be happy to advise you on the possibilities of enforcing your claims in a non-binding meeting.

 

Expert opinions and valuations

Precise. Meaningful.

In the context of expert opinions on the freedom to operate in relation to third-party intellectual property rights and expert opinions on due diligence in corporate transactions (IP due diligence), we examine whether innovations or trademarks encroach on the scope of protection of third-party property rights and analyze the legal status of these property rights. Other potentially relevant topics in this respect are the consideration of employee law issues, the legal evaluation of existing license agreements and the question of the actual ownership of the intellectual property rights.

If necessary, we also carry out extensive searches for you to analyze the property rights situation and to identify potentially relevant property rights.

We would also be happy to examine your case. Please get in touch with us.