EUROPEAN PATENT LAW: OPPOSITION AND APPEAL PROCEEDINGS

Starting position:

A competitor of our client is the owner of several patents for a safety bottle closure. Due to the patents of the competitor, the market for such closures is blocked to a large extent. It was the goal to open the market for our client’s own products and to challenge the patents by means of an appeal. Beforehand, a search for state of the art had already been conducted, which, however, had only uncovered a small amount of relevant material.

Goal:

The object was to improve the chances for the appeal proceedings and to overthrow the patents. To that end we had to pull out all the stops of European patent law.

Solution:

Initially, it was determined who the most important competitors of our client are. Using this information, it was possible to conduct a specific further search for state of the art. Requests were furthermore sent to TÜV (technical inspection agency) and to other certification centers, to ascertain whether the protected bottle closure had already been certified prior to the filing date of the patents or had otherwise been made accessible to the public. In addition, we initiated an internet auction, in which a reward for the acquisition of such a closure was posted. Furthermore, we registered as members in various internet forums so as to find out more about the protected safety bottle closure. A Google search finally supplied us with the additional material, which was successfully used in the appeal proceedings. We were able to considerably limit the patents by means of the information obtained from the search.

Looking for a German patent attorney with expertise in patent law or oppositions? – patworx German and European patent attorneys in Munich have long term experience in all fields of patent law, opposition proceedings and patent search in Germany or Europe. If you have a similar case, please do not hesitate to contact one of our European patent attorneys who is specialized in European patent law.

Patent law case 2

COMPREHENSIVE PROTECTION FOR A NEW TECHNOLOGY RELATING TO CRUDE OIL EXPLORATION

Starting position:

To explore subsurface hydrocarbon deposits, the current 2D and 3D seismic technology is to be replaced by a new technology based on other physical principles. Instead of the known reflection seismic, the earth’s crust is to be examined by means of purely passive sensors, which analyze the earth’s natural seismic noise and which evaluate the spectrum thereof. Using certain anomalies in the seismic spectrum of the earth, it can be determined whether or not a hydrocarbon deposit, such as crude oil or natural gas, for example, is present. By means of a special signal evaluation it can furthermore be determined how thick the layer carrying the crude oil is and in which depth the crude oil is present.

Goal:

It was our task to comprehensively protect these new technologies. To this end we had to consider all options offered by European patent law.

Solution:

Initially, the individual components of the new technology were analyzed and a differentiation was thereby made between base technology, inventions based thereon, software and hardware inventions. In consideration of a preset budget, a decision was made initially in which countries an application was to be filed. We thereby considered those countries to be sensible, in which considerable crude oil deposits are suspected, as well as countries, in which competitors are already active. Finally, patent applications were prepared for each invention and were either filed with the International Patent Office (WIPO), with the European Patent Office or nationally. It was thus possible to obtain broad protection, which covers all areas of the new technology.

Looking for a German patent attorney with expertise in software patents or computer science in Munich Germany? – patworx German and European patent attorneys in Munich have long term experience in software patents and computer implemented inventions. Get in contact with one of our European patent lawyers.

Trademark law case 1

OPPOSITION PROCEEDINGS DOMAIN NAME AGAINST A EUROPEAN TRADEMARK

Starting position:

A Spanish competitor of our German client had filed a European Community trademark at the European Trademark Office, which was identical to the company name of the client. Our client only had a German internet domain with the name of his company, but not his own trademark. The business functions of our client were jeopardized in Germany by the European trademark application. Thus, we had to pull out all the stops of German and European trademark law.

Goal:

Cancellation of the European trademark on the basis of a German domain.

Solution:

After publication of the EU Community trademark, an opposition was filed against the trademark based on the German internet domain (in Spanish). All of the documents required for proving the internet use were translated into Spanish and were filed at the OHIM or HABM in Alicante, respectively. At the same time, the reimbursement of the opposition fee was requested. The EU Trademark Office finally agreed to all requests and cancelled the EU trademark application of the competitor. Our client was then able to file his own trademark applications in various European states.

Looking for a German patent attorney with expertise in trademark law or domain law in Munich Germany? – patworx German and European trademark attorneys in Munich have long term experience in the field of trademark law, opposition proceedings, community trademarks and domain names.