How a patent attorney can help you
Patenting an invention is always a complex matter in which technical and scientific aspects meet legal issues. An attorney for patent law (also: patent attorney) works in this borderline area, supporting inventors, founders and entrepreneurs in applying for a patent in a legally secure manner and protecting it from imitations.
As experienced and specialized patent attorneys, we not only provide support with patent applications, but are also long-term strategic partners at the side of entrepreneurs, founders and inventors. In this article, we show what tasks we take on and give an insight behind the scenes of our patent law firm.
What does patent law cover?
Patent law encompasses the legal regulations that ensure the protection of technical inventions by means of patents. It grants the owner the exclusive right to prohibit the use of the invention by third parties for a certain period of time (usually 20 years) and thus to monopolize it. This protects against imitation and allows the applicant to commercially exploit his development.
In this context, patent law not only describes how a property right can be obtained, but also what the rights holder can do with it.
Central regulations in patent law include, for example
- Patentability: Inventions must be technical, new, industrially applicable and involve an inventive step. This means that the invention must not belong to the state of the art and must not have been obvious to experts in the relevant field.
- Patent claims: These specify what exactly is protected by the patent, i.e. they define the scope of protection. The claims are the basis for enforcing the patent against infringements.
- Patent application and grant: The inventor must register his invention with a patent office, for example the German Patent and Trade Mark Office (DPMA) or the European Patent Office (EPO). The application is examined to determine whether the invention meets the requirements.
- Rights of the patent proprietor: The proprietor has the right to prohibit a third party from using the patented invention. An infringement of this right results in legal consequences such as injunctive relief and claims for damages.
Patent attorney: Overview of fields of activity
A patent attorney takes on activities that can be roughly divided into two main areas: Prosecution and Litigation.
The term prosecution refers to the entire process leading up to the granting of a patent and the communication with the patent office during this procedure. It includes the activities and procedures necessary to obtain a patent.
Important steps in patent prosecution are
- Strategic advice before registration
- Patent application
- Examination proceedings including appeals against decisions
- Applicant appeal proceedings
- Grant or rejection
To summarize: Prosecution is the administrative and legal process that takes place before a patent office in order to obtain a patent.
Litigation refers to administrative or judicial litigation to enforce or defend a patent. This term covers legal disputes that are conducted either by the patent holder against a third party (e.g. due to patent infringement) or vice versa.
Typical cases in patent litigation are
- Patent infringement suits
- Opposition and opposition appeal proceedings
- Nullity proceedings
- Mediation
- License disputes
How a patent attorney can support you
A patent attorney can support you in many ways, especially if you are protecting an invention or are involved in a legal dispute over a patent. Here are some key areas in which the support of a patent attorney is helpful and often even necessary:
Strategic advice and legal assessment
As patent attorneys, our work does not begin with the patent application. For an application to be successful, it must first be examined whether the patent is eligible for protection. We check whether your invention meets the legal requirements, i.e. whether it is new, inventive and industrially applicable. This is a crucial first step to avoid unnecessary costs and effort for non-patentable ideas.
In addition, a strategic patent attorney will always advise you on which type of protection makes the most sense for your invention (patent, utility model, trademark rights, etc.) and how you can best protect your rights in other countries, including cross-border protection.
Patent search
A patent search is required before the actual patent application is filed. A patent attorney uses special software to carefully check whether the idea of your invention is actually eligible for protection.
By specifically searching the registers of the patent offices, we ensure that no identical or similar patents have already been filed. Depending on the technical field and the exact invention for which the patent is to be filed, there may be overlaps and conflicts with existing property rights.
Patent application
Patent application procedures are complex processes that require both technical and legal requirements to be met. A patent attorney can draft a precise and legally sound application that fully covers the scope of protection of your invention and leaves as little room as possible for circumvention by competitors.
This is a critical point as, for example, a poorly formulated or incomplete definition of the subject matter can lead to the patent being more easily circumvented or legally challenged in the future. Ideally, communication with the patent offices should also be handled by a patent attorney.
As patent attorneys, we also take care of all formalities relating to applications at national and international patent offices (e.g. DPMA or EPO) and ensure that all deadlines are met.
Patent monitoring and litigation
After registration, patent monitoring is taken over by a patent attorney on a long-term basis. Instead of checking whether your own invention conflicts with existing patents (patent search), it is now necessary to continuously monitor that no third parties are using the protected patent unlawfully or attempting to register a similar invention.
If an infringement occurs, we will inform you immediately and advise you on possible steps such as a warning letter or an injunction.
License agreements and negotiations
If you want to allow others to use your patent, a patent attorney will draw up license agreements and ensure that your interests are protected. They will also help you negotiate license fees and contract terms.
If there are any discrepancies in existing license agreements, your lawyer can support you in enforcing your claims or clarifying contractual issues and also provide long-term support in this area.
Advice on patent strategy
Patents can significantly increase the value of a company. A patent attorney can help you to align your patent strategy in such a way that you secure long-term competitive advantages through your invention. Together, we will develop a coherent concept for your patent portfolio and sustainably increase your company value.
A patent portfolio is the entirety of all patents held by a person, company or organization. It includes both granted patents and pending patent applications, which together provide protection for technical innovations and developments. A patent portfolio can consist of various patents covering different aspects of products, processes or technologies. It is often used as a strategic tool to strengthen a company's own market position.
Patent portfolio management
We help you manage your patent portfolio, renew or abandon patents and apply for new IP rights to protect your intellectual property. The main goal of portfolio management is to increase the value of a portfolio by minimizing risks and taking advantage of opportunities. It is about making informed decisions about which assets to hold, optimize, expand or abandon in order to be successful in the market in the long term.
How do I find the right patent attorney?
A good patent attorney must not only be familiar with the applicable laws and the processes relating to a patent application and legal disputes, but must also have the necessary knowledge of patent searches and patent monitoring.
There are AI-supported tools that - if used correctly - make it easier to identify relevant third-party intellectual property rights. Know-how in relation to technical inventions and the use of modern software tools is now just as important in the field of intellectual property as pure legal expertise. Therefore, look out for experts who are familiar with your industry and the latest developments.
Legal expertise also includes constantly monitoring current case law. Time and again, new guidelines are set by recent rulings, for example by the Federal Court of Justice (BGH) or the Boards of Appeal of the European Patent Office, which require a reassessment of the legal situation and thus also influence the work of a patent attorney.