Germany offers several types of intellectual property (IP) protection, including patents, utility models, trademarks, and designs. Each of these rights is registered through different procedures, with varying costs and legal requirements. 1. Patents (Patente) A patent grants its owner the exclusive right to use and commercialize an invention for a maximum period of 20 years. [...]
1. Utility Patents a) Mechanical Engineering Utility patents in mechanical engineering protect new machines, devices, and manufacturing processes. Example: US Patent No. 6,000,000 covered an innovative way to assemble a bicycle chain more efficiently. Legal Considerations: Novelty and non-obviousness are key (35 U.S.C. § 102, 103). Functional aspects are emphasized over aesthetic features. Case Law: [...]
Before applying for any intellectual property (IP) protection, a professional preliminary search is crucial to assess the novelty, distinctiveness, and enforceability of the desired IP right. A thorough search minimizes the risk of rejection, infringement disputes, and unnecessary costs. Each type of IP right requires a different approach to prior art or existing rights research [...]
Opposition proceedings in case of a German Patent Any person may give notice of opposition within nine months of the publication of the grant of a patent in the Patent Gazette (Patentblatt). If no opposition is filed, the patent becomes legally valid upon expiry of the opposition period. The patent will then become valid retroactively [...]