FAQ

Technical inventions that are new, involve an inventive step and are capable of industrial application may be patented. Examples include machines, electronic devices, chemical processes, software with a technical effect, or new manufacturing processes.

By contrast, pure ideas, scientific theories, mathematical methods or aesthetic designs are not patentable. Business methods without a technical basis are also generally not patentable.

The key factor is that the invention represents a technical solution to a technical problem. Whether a specific idea is actually patentable can usually only be assessed after a search of the prior art.

Our patent attorneys will be happy to advise you on this matter.

These intellectual property rights can be obtained through grant or registration and protect different aspects of an innovation.

• Patent: Protects technical inventions (e.g. machines, processes). Valid for up to 20 years.
• Utility model: Also for technical inventions, but without examination and with a maximum term of 10 years.
• Trademark: Protects names, logos or symbols that identify products or services.
• Design (registered design): Protects the external appearance of a product, e.g. its shape or appearance.

Which intellectual property right is appropriate depends on the nature of the innovation and the business strategy.

Our patent attorneys will be happy to advise you on this matter.

A European patent is applied for at the European Patent Office (EPO), where it is examined under a centralised procedure.

Once granted, the patent can be validated in the desired countries, with a choice of the 39 contracting states of the European Patent Convention (EPC). Since 2023, it has also been possible to obtain a unitary patent, which is valid in many EU countries simultaneously.

The advantage of a European patent is that a single application can cover several countries, rather than having to apply for separate national patents.

Our patent attorneys will be happy to advise you on this matter.

The PCT (Patent Cooperation Treaty) application is an international patent application procedure.

With a single application, applicants can initially secure protection in over 150 countries. The application first goes through the so-called international phase, which involves a search and an optional examination.

Only later does the applicant decide in which countries or regions (e.g. Europe, the USA, China) the application should be pursued.

Above all, the PCT application gives companies more time for strategic decisions and to engage with investors.

Our patent attorneys will be happy to advise you on this matter.

Confidentiality is crucial prior to filing a patent application, as public disclosure can jeopardise patentability.

The following measures are advisable:

• No publication or presentation without prior filing
• Use of non-disclosure agreements (NDAs)
• Documentation of the development
• Filing a patent application as early as possible

Seeking advice at an early stage helps to avoid typical mistakes and choose the right time to file the application.

The patent application process involves several steps:

1. Analysis of the invention and advice on protection strategy
2. Search of the prior art
3. Preparation of the patent application documents (description, claims, drawings)
4. Filing with the Patent Office
5. Examination procedure by the Patent Office
6. Granting of the patent, provided all requirements are met

It often takes 2–4 years or more from application to grant, depending on the Patent Office, the course of the examination procedure and the technical field of the invention.

The following information is generally required for a patent application:

• Description of the invention
• Technical problem and solution
• How the invention works
• Possible embodiments
• Drawings or sketches (if available)
• Details of the inventors and the applicant

The more precise the technical information is, the better the application can be drafted.

A patent is valid for a maximum of 20 years from the filing date. This is subject to the payment of annual renewal fees to the Patent Office. Once the term of protection has expired, the invention enters the public domain and may be used by anyone.

The cost of a patent application depends on several factors, such as the complexity of the invention, the preparatory work, and the choice and number of countries. Typical cost components include:

• Fees for drafting the patent application
• Official fees
• Search and examination
• Translations, where applicable

For a national application in Germany or an application to the European Patent Office, the costs often amount to several thousand euros.

In addition to the registration costs, further expenses are incurred over the years:

• Costs of the examination procedure
• Annual renewal fees
• Costs for international extensions
• Potential opposition or litigation proceedings
• Translation and legal representation costs

Over the entire term, the costs can amount to tens of thousands of euros, depending on the protection strategy.

Once a patent has been granted, an opposition may be filed within a specified period (e.g. 9 months at the European Patent Office or the German Patent Office).

By filing an opposition, a third party may argue that the patent is not patentable, for example because the invention is not new or does not involve an inventive step.

The Patent Office examines these objections and may:

• Maintain the patent unchanged
• Maintain the patent with limitations
• Revoke the patent in its entirety.

The patent attorneys at our firm have handled many opposition proceedings and would be happy to advise you.

If a third party uses a patented invention without permission, this may constitute patent infringement. The patent holder may, amongst other things:

• Submit a request for authorisation
• Issue a cease-and-desist letter
• Seek an injunction or damages, if necessary through the courts

In Germany, patent disputes are heard by specialised patent litigation divisions of the regional courts.

A patent attorney should be involved as early as possible in the development process of a new product. They can assess whether an invention is patentable, develop a suitable protection strategy and draft the application professionally. A carefully worded patent application is crucial for the subsequent scope of protection and the enforceability of the patent.

A patent can be an important tool for protecting innovations and securing competitive advantages. It enables the owner to prevent others from using the invention or to grant licences. Apart from this, however, a patent can also be used, for example, in advertising or when dealing with investors as evidence of a company’s innovative capacity.

Whether a patent is economically viable therefore depends on many factors, such as market potential, the competitive landscape and internationalisation strategy.

The patent attorneys at our firm would be happy to advise you on this matter.