Expert opinions prior to applying for an industrial property right

Prior to filing an application for an industrial property right, we can prepare for you an expert opinion on the chances of its success.

In the case of technical subject matters, a patentability study is obviously recommendable.  For this purpose, we first clarify with you in a personal discussion where you would like to put your focus of protection.  Based on this clarification, we then draft a hypothetical patent claim before conducting a search with databanks to find out whether this patent claim would have any chance of being granted.  On the basis of our findings, we may recommend that you file a patent application based on this patent claim or an altered patent claim, or that you refrain from filing a patent application if the chances of a successful application are too small.

For trademarks, too, searches are recommendable prior to the actual trademark application.  The reason for this is that neither the German Patent and Trade Mark Office nor the EU Trademark Office (European Union Intellectual Property Office, EUIPO) conducts an official examination of the existence of any earlier trademarks.  It is, therefore, possible for you to get a trademark registered and still find opposition raised on the basis of older trademarks when you subsequently use your trademark.  In order to avoid the risk of such conflicts, a search for earlier trademark registrations should be conducted prior to filing a trademark application.

The same applies to other industrial property rights such as industrial designs, but also for domains.