Patents

Patents may exclusively relate to technical inventions revealing novel subject matter that extends beyond the content of the known "prior art". The prior art may be ascertained by way of conducting a search. A search offers the possibility to obtain an assessment of the patentability and marketability of the invention. In particular, a search may be used to define economically rewarding development targets in the sense of innovation planning.

A requirement for obtaining a patent is the filing of a patent application based on at least one claim which defines the scope of protection sought for the invention and forms the basis for the official examination process.

The granted patent confers on the patentee monopoly rights on the basis of which he/she may enforce observance of the patent rights by third parties, e. g. by way of a warning letter.

To enable enforcement of patent rights, the patentee basically has the option of enacting the issue of a preliminary injunction or lodging a suit.Thus, the patentee is conferred an exclusive patent right preventing third parties from exploiting the subject matter of the granted patent. Besides, a patent does not regularly enable the patentee to exploit the subject matter for own purposes, since industrial property rights conferred on a third party may prevent the patentee from making use of his/her patent’s subject matter (dependent patents).

Defence of a patent may be necessary, since third parties usually proceed by way of filing an opposition or a nullity suit against the patent.

The patentee may then continue with the economic exploitation of his/her patent or transfer the same to third parties as part of a Licence Agreement. In the latter case, the economic success is not solely contingent upon the relevant patent evaluation and the stipulated contractual conditions.

Another important criterion represents the selected patent strategy and the effects of which on the geographical extent of the scope of protection.