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Veröffentlichungen Dr. Hollenberg
Hollenberg, Sebastian, Die Arbeitnehmererfindung als Geschäftsgeheimnis?, Mitteilungen der deutschen Patentanwälte, 2021, S. 18 - 23
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Our services
Patents and utility models allow to protect your inventions in any technical field against unauthorized imitators. Patent- and utility model-protections have distinct differences, therefore, you may choose each of the two depending on your business plans:
A patent application is examined by a patent office prior to grant of a patent. After filing, the patent office will decide whether the request is admissible in view of the official requirements, like novelty and inventive step of the subject matter as claimed. Therefore, it may take an extended time until a patent is granted. However, as the patent application is examined, usually it can be considered to provide higher legal certainty for its proprietor compared to an unexamined utility model. As a patent offers protection for a longer period than a utility model, it is mostly suitable when you expect a long-term financial realisation of your invention. Accordingly, a patent has an extended term of protection, compared to utility models.
A utility model, as mentioned before, is an unexamined intellectual property right. It is registered without any substantive examination. Therefore, it may offer quicker protection. However, as the period of protection is shorter in comparison with a patent, it is more suitable for technical fields with shorter product cycles. The fast registration without further substantive examination may turn into a disadvantage though: In case the utility model is, e.g., actually not novel or not inventive over prior art, a cancellation request may be filed, for example by a competitor.
However, it is also possible to combine the advantages of patents and utility models: After evaluating your case, we may tailor a filing strategy depending on your individual situation.
Please note, it is very important to apply for protection by filing a patent- or utility model-application with the corresponding office before you go public with your invention, for example, before you start selling, advertising or offering your product or before you hand it over to a third party for manufacturing or review. Thus, please approach us well ahead of time.
You invented a product or method and want to protect your rights before bringing it to market? Contact us, we may consult you regarding patents and utility models. Each of our Patent Attorneys is licensed to represent clients before the German Patent- and Trademark-Office (GPTO), the Federal Patent Court in Munich (FPC) and the European Union Intellectual Property Office (EUIPO) in Alicante.
With a trademark, you may protect the signs you use to label goods or services of your company, for example against your competitors or any other unauthorized imitators.
In short, Trademarks may serve to distinguish the origin or quality of goods or services. Therefore, they are of immense importance in daily life, especially in commercial use.
In Germany, a registered trademark is an examined intellectual property right. Therefore, it may take an extended time until the trademark is registered. As the trademark application is examined, usually it can be considered to provide a higher legal certainty for its proprietor.
The protection conferred by a trademark may, in principle, be extended indefinitely. Therefore, it may have a high and permanent value for each and every business.
Thus, it is very important to evaluate the possibility of filing a trademark application for your signs but also possible infringements of older, already registered trademarks before introducing your signs into the market, reducing the risk of becoming an infringer yourself.
You plan to bring goods or services to the market, label them with a logo or a (newly created) word and protect this label from imitators? Contact us, we may consult you with regards to trademark law. Each of our Patent Attorneys is licensed to represent clients before the German Patent- and Trademark-Office (GPTO), the Federal Patent Court in Munich (FPC) and the European Union Intellectual Property Office (EUIPO) in Alicante.
Registered designs protect the two- or three-dimensional appearance of industrial or artisan products against unauthorized imitators.
The registered design is an unexamined intellectual property right. It is registered by the patent office without any substantive examination. Therefore, it may offer quicker protection. Therefore, it may be especially useful when you want to introduce a newly designed product on a market with short product cycles, it is more suitable for technical fields with shorter product cycles. However, the fast registration without further substantive examination may turn into a disadvantage: In case the design is, e.g., actually not novel or does not possess an individual character, a cancellation request may be filed, for example by a competitor.
Therefore, before bringing a newly designed product to the market, it is very important to evaluate whether it may infringe an older design, or whether it may be protected by a registered design by itself.
However, even when you entered the market with a newly designed product already without filing a design application, you may still be protected. For example, you may take advantage of the right of a non-registered Community Design. In some situations, you may also claim a right from the Act against unfair competition.
You intend to bring a product designed by you to the market and would like to know how to protect yourself from unauthorized imitators, for example competitors? Contact us, we may consult you on design law. Each of our Patent Attorneys is licensed to represent clients before the German Patent- and Trademark-Office (GPTO), the Federal Patent Court in Munich (FPC) and the European Union Intellectual Property Office (EUIPO) in Alicante.
Patent / utility models
Patents and utility models allow to protect your inventions in any technical field against unauthorized imitators. Patent- and utility model-protections have distinct differences, therefore, you may choose each of the two depending on your business plans:
A patent application is examined by a patent office prior to grant of a patent. After filing, the patent office will decide whether the request is admissible in view of the official requirements, like novelty and inventive step of the subject matter as claimed. Therefore, it may take an extended time until a patent is granted. However, as the patent application is examined, usually it can be considered to provide higher legal certainty for its proprietor compared to an unexamined utility model. As a patent offers protection for a longer period than a utility model, it is mostly suitable when you expect a long-term financial realisation of your invention. Accordingly, a patent has an extended term of protection, compared to utility models.
A utility model, as mentioned before, is an unexamined intellectual property right. It is registered without any substantive examination. Therefore, it may offer quicker protection. However, as the period of protection is shorter in comparison with a patent, it is more suitable for technical fields with shorter product cycles. The fast registration without further substantive examination may turn into a disadvantage though: In case the utility model is, e.g., actually not novel or not inventive over prior art, a cancellation request may be filed, for example by a competitor.
However, it is also possible to combine the advantages of patents and utility models: After evaluating your case, we may tailor a filing strategy depending on your individual situation.
Please note, it is very important to apply for protection by filing a patent- or utility model-application with the corresponding office before you go public with your invention, for example, before you start selling, advertising or offering your product or before you hand it over to a third party for manufacturing or review. Thus, please approach us well ahead of time.
You invented a product or method and want to protect your rights before bringing it to market? Contact us, we may consult you regarding patents and utility models. Each of our Patent Attorneys is licensed to represent clients before the German Patent- and Trademark-Office (GPTO), the Federal Patent Court in Munich (FPC) and the European Union Intellectual Property Office (EUIPO) in Alicante.
trademark
With a trademark, you may protect the signs you use to label goods or services of your company, for example against your competitors or any other unauthorized imitators.
In short, Trademarks may serve to distinguish the origin or quality of goods or services. Therefore, they are of immense importance in daily life, especially in commercial use.
In Germany, a registered trademark is an examined intellectual property right. Therefore, it may take an extended time until the trademark is registered. As the trademark application is examined, usually it can be considered to provide a higher legal certainty for its proprietor.
The protection conferred by a trademark may, in principle, be extended indefinitely. Therefore, it may have a high and permanent value for each and every business.
Thus, it is very important to evaluate the possibility of filing a trademark application for your signs but also possible infringements of older, already registered trademarks before introducing your signs into the market, reducing the risk of becoming an infringer yourself.
You plan to bring goods or services to the market, label them with a logo or a (newly created) word and protect this label from imitators? Contact us, we may consult you with regards to trademark law. Each of our Patent Attorneys is licensed to represent clients before the German Patent- and Trademark-Office (GPTO), the Federal Patent Court in Munich (FPC) and the European Union Intellectual Property Office (EUIPO) in Alicante.
Registered designs protect the two- or three-dimensional appearance of industrial or artisan products against unauthorized imitators.
The registered design is an unexamined intellectual property right. It is registered by the patent office without any substantive examination. Therefore, it may offer quicker protection. Therefore, it may be especially useful when you want to introduce a newly designed product on a market with short product cycles, it is more suitable for technical fields with shorter product cycles. However, the fast registration without further substantive examination may turn into a disadvantage: In case the design is, e.g., actually not novel or does not possess an individual character, a cancellation request may be filed, for example by a competitor.
Therefore, before bringing a newly designed product to the market, it is very important to evaluate whether it may infringe an older design, or whether it may be protected by a registered design by itself.
However, even when you entered the market with a newly designed product already without filing a design application, you may still be protected. For example, you may take advantage of the right of a non-registered Community Design. In some situations, you may also claim a right from the Act against unfair competition.
You intend to bring a product designed by you to the market and would like to know how to protect yourself from unauthorized imitators, for example competitors? Contact us, we may consult you on design law. Each of our Patent Attorneys is licensed to represent clients before the German Patent- and Trademark-Office (GPTO), the Federal Patent Court in Munich (FPC) and the European Union Intellectual Property Office (EUIPO) in Alicante.