We are a Nuremberg-based patent law firm specializing in advising and representing medium-sized companies in all national and international matters of intellectual property. Our aim is to provide our clients’ ideas and innovations with optimal legal protection. In order to avoid legal disadvantages in protecting ideas and innovations, it is of particular importance to seek legal support at an early stage.
Patents are used to protect technical ideas (objects, methods and substances) from imitation. In order to acquire a patent, the technical idea has to be described within the framework of a patent application. A patent is granted on the basis of an examination by the relevant patent office into whether the technical idea is novel, inventive and industrially applicable. The economic value of a patent resides primarily in the wording of its claims, which set out the scope of protection.
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Utility models protect technical ideas (objects and substances) from imitation. In order to acquire a utility model, the technical idea has to be described within the framework of a utility model application. A utility model is granted without the need for an examination of novelty, inventive step and industrial applicability. The economic value of a utility model resides primarily in the wording of its claims, which set out the scope of protection. The advantage of the utility model is that it enables a property right to be obtained quickly.
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A trademark is a nationally protected mark of origin for a product or a service with which the public associates a particular quality of the product or service. If a mark of origin is not protected as a trademark, there is usually no protection against imitations. Simply using a mark of origin without trademark protection does not always justify protection. For a trademark to be obtained, the sign in question has to be distinctive and there must be no requirement to keep the mark freely available for use by competitors.
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Property right infringements often arise on the Internet, e.g. when domain names conflict with identification rights or websites contain trademark infringements. Products infringing property rights are also increasingly being sold over the Internet.
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A design protects the two- or threedimensional appearance of an object. The design is protected on the basis of figures filed under a design application to the relevant office. An exception to this is the unregistered Community design, the protection of which begins on first publication of the relevant design within the European Union and lasts for three years.
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Even if products are unprotected by any registered property right, in certain specific circumstances, rights of injunction, information and damages can nevertheless be asserted in the event of an imitation on the basis of the Unfair Competition Act (UWG).
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The above activities are restricted to the scope set out in Art. 3 of the Patent Attorney Order (PAO).
Inventions by employees in Germany are regulated by the Employee Inventions Act (ArbEG). This Act contains complicated regulations relating to the ownership and administration of and remuneration for employee inventions and proposals for technical improvement.
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Contract law is of considerable importance in the field of industrial property protection, particularly when entitlements to use property rights are granted on the basis of a contract. To this end, there are many different forms of contractual provision largely depending on the particular case. Restrictive practices regulations always have to be observed and complied with when drawing up contractual provisions.
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