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SEARCH FOR PATENT INFRINGEMENT
SYSTEMATIC PATENT INFRINGEMENT SEARCH
On the one hand, a patent recognizes the intellectual achievement of an inventor, on the other hand, it grants the owner the legally legitimate right to a temporary monopoly. In addition to the intellectual performance, this also takes into account the sometimes considerable costs that led to a property right.
Accordingly, punishing a patent infringement that has been established is not only the right but also the duty of the legal representative if the owner is a legal entity. On the one hand, this derives from moral obligations towards stakeholders and a legal obligation to avert direct or indirect damage to the company (e.g. Section 43 GmbHG, Section 93 AktG).
The challenge lies in discovering and proving an infringement and initiating the subsequent legal steps and, if necessary, defending them legally.
CHALLENGES
Discovery of Patent Infringement
Our well-established method in business development has proven its worth many times over in the course of processing extremely different industrial projects. Business and patent information play a central role here - here we have access to the most important databases and key figures, some of which we also host in-house. Further we work with classic marketing and market research instruments for information collection and presentation, as well as with different creativity techniques and methods of trend determination. Another important component for a realistic look into the future is the cooperation of experts: Here we can due to our close proximity to Fraunhofer institutes fast provide expertise from almost all areas of the research and development landscape.
Our services include the composition of the project team, the preparation, implementation, moderation and follow-up of project workshops with customers, experts and potential partners. In addition to collecting and processing information, our content-related work essentially consists of the operative search for specific products. In addition, we qualify our customers' staff through coaching. Our projects come from various industrial sectors, e.g. semi-finished products, construction industry, mechanical engineering, automotive.
SEMASCORE
With SEMASCORE we have one developed a highly efficient method for determining and monitoring future scenarios and their effects on business areas, technologies and products. We also have our own software solution for this, which we use here.
PATENT INFORMATION
Patent activity and quality are reliable technology lifecycle and Trend Leading Indicators. With the help of our own software solutions, we have access to all relevant patent databases of public offices.
We also use our own patent and business information systems.
That's kind of how we can on push of a button
analyzes and forecasts make.
WHO IS INFRINGING MY PATENT?
ANALYTICAL SEARCH FOR PATENT INFRINGEMENT
On the one hand, a patent recognizes the intellectual achievement of an inventor, on the other hand, it grants the owner the legally legitimate right to a temporary monopoly. In addition to the intellectual performance, this also takes into account the sometimes considerable costs that led to a property right.
Accordingly, punishing a patent infringement that has been established is not only the right but also the duty of the legal representative if the owner is a legal entity. On the one hand, this derives from moral obligations towards the stakeholders and inventors as well as a legal obligation to avert direct or indirect damage to the company (e.g. §43 GmbHG, § 93 AktG).
The challenge lies in discovering an infringement, proving it and initiating the subsequent legal action and, if necessary, defending it legally.
THERE'S MORE TO WIN THAN LOSE
In addition to the question of who infringes a property right, economic aspects often also play a role: In the event of a legal dispute, the costs can quickly explode, depending on the country in which the infringer is located. This is often a reason why patent infringements are not pursued further, although legal disputes can often already be settled with a license offer or secured with insurance.
We help you with suitable and tried and tested tools to master the challenges that arise here.
CHALLENGES
How do I discover patent infringement ?
How do I proceed against the infringer, especially if he is based abroad?
The punishment is expensive, especially when it comes to a foreign company, is it worth the effort?
SOLUTIONS
Claims chart analysis with systematic analysis of the (independent) claims and transfer to (technical) researchable features , research for products and manufacturers who use the corresponding features in brochures, publications, product descriptions for their products
There are law firms specializing in patent infringement in almost every country. If your patent attorney/your patent department does not have any contacts here, we will be happy to help with research and mediation.
There are special insurance policies for legal disputes arising from an injury. Similar to legal protection insurance, the insurance company will cover the costs of the legal dispute should it come to that. Basically you have to distinguish what you want to achieve with the punishment: injunctive relief, damages or a license agreement. Especially with the latter, companies are often cooperative as long as the license requirements are fair. Here, too, we are happy to help with research and mediation
METHOD
Pre-examination : In a short preliminary examination, we analyze the (granted) patent and its claims in order to be able to estimate the effort and the prospects of success. Here, among other things, how well an infringement can be proven with our method plays a role, without e.g. a detailed examination of a having to use a competitor's product.
Result : Statement as to whether a corresponding analysis can be carried out with the patent
Claims Chart Analysis of the (independent) claims in the patent: The claim(s) are broken down into features, which are converted into suitable, researchable features and functions.
Result : List of product features
Research : In a detailed search, product descriptions, specifications and representations are analyzed and examined with regard to the features of the claims. Of course, it cannot always be clearly clarified whether an injury has actually occurred, so a differently weighted probability is given. Your patent attorney must make a final assessment.
Result : Different products whose description of characteristics indicates an infringement
Compilation and reporting : All results are compiled in a structured, comprehensible report, which clearly shows which company infringes which claim with which product and with what probability.
Result : With the document, a commissioned patent attorney should be able to make his own assessment and to formulate a corresponding letter of punishment (eg with the prospect of a license agreement).
BUSINESS MODELS
In principle, we work on a fixed-price basis, ie after a preliminary examination we will give you a binding, cost-effective fixed-price offer that is based on the number of independent claims and the expected effort.
Of course, not every patent is infringed and an infringement cannot always be proven.
In order to minimize the risk on the customer side, we also offer performance-based models in which we share in the license income resulting from an infringement, for example. In such a case, our customers really only have something to gain and nothing to lose.
NULLITY ANALYZES
Earlier prior art can also be found using the same method. With these "Prior Art" analyzes apply to find a document published before the priority date which already discloses the inventive ideas on which the invention is based. this means that the claim to novelty of the invention is no longer given and the patent could in principle be cancelled. In the context of claims for damages, which are often associated with considerable costs, and injunctions that could lead to significant sales problems, a "prior art" search is often a last resort to evade: it is often enough to confront the plaintiff with the results of the prior art analysis so that he refrains from his claim, otherwise only an action for annulment remains. Good prior art analyzes are a prerequisite for this. In the nullity analysis (compared to a pure nullity search), the individual claim elements are consistently broken down and researched according to corresponding earlier descriptions including the sources. Here, not only patent literature, but in particular the non-patent literature is used.
The procedure is comparable to the infringement research procedure, but the research is carried out with a different source period.
