WHAT EXACTLY IS A PATENT?

A patent is an industrial property right granted by the state that relates to an invention in a technical field. Patents therefore protect inventions of a technical nature. These can be products or processes. Products in this sense are products such as simple or complex technical objects, devices, machines, etc. or parts thereof as well as substances ("materials"). Processes can relate to the manufacture or use of the products, but can also be other working, regulating or control processes. Computer programs can also be patented - with certain restrictions. Optimally drafted, a patent is suitable for protecting the general or abstract technical concept behind a (concrete) invention. So-called utility models, which in some countries can be applied for as an alternative or in addition to a patent, work in a very similar way. In order to obtain a patent, an application and/or examination procedure must be completed. For this purpose, a patent application must be submitted to a patent office (e.g. the European Patent Office in Munich) or a similar authority (in Switzerland, for example, the Swiss Federal Institute of Intellectual Property, IGE; or the WIPO). In industries with a technical focus, patents and utility models can also help to document your own developments and achievements. Such documentation can not only be beneficial for in-house knowledge management, but can also represent a decisive competitive advantage when looking for investors or acquiring customers. The application procedures to be followed can also provide an opportunity to gain a better overview of competitors' activities, especially if applications are searched by specialized searchers as part of the patent office granting procedure.

As industrial property rights, patents and utility models are subject to the principle of territoriality. This means that a separate application or filing must be made for each country in which protection is desired. However, there are certain exceptions, on the one hand in the form of (at least partially) centralized application procedures, and on the other hand in the form of property rights that are valid for several countries or a region.


WHAT TYPICAL SCENARIOS ARE ENCOUNTER EDWITH PATENT LAW?

- You have developed, invented or discovered something and would like to patent it in Switzerland or abroad or have it protected by a utility model.
- You have an idea and would like to find out whether someone has already applied for a patent or even protected it.
- You would like an overview of patent law activities or the patent law situation of a competitor or in a specific technical field, for example in connection with founding a company.
- You want to launch a new product on the market and make sure that you are not infringing any third-party patents or utility models.
- You want to manufacture or use a protected product or process under license.
- You already own a valid patent or utility model and would like to grant one or more licenses for the use of your invention.
- You are accused of using a protected invention without authorization, for example in the form of an authorization request or a warning letter, and would like to defend yourself or minimize potential damage.
- A competitor is using your patented invention in a product or process without authorization; you want to stop this business practice as quickly and efficiently as possible.
- You want to buy or sell a company or part of a company or invest in a start-up and want to get an overview of its patent law situation.
- You would like to sensitize your employees to patent law issues, have employment contracts checked for appropriate patent law provisions or pay invention bonuses to innovative employees.
- You would like advice or support in relation to current or special patent law issues such as the patent box, unitary patent, Unified Patent Court, opt-out, supplementary protection certificates, etc.?


HOW DO WE SUPPORT YOU IN THE AREA OF PATENT LAW?

We first make an initial, preliminary assessment of the patentability of your invention, which we supplement with an in-depth search if desired and appropriate. If you decide to file a patent application, we will then support and represent you throughout the entire patent life cycle if required. This includes, among other things, the preparation and submission of application documents to the relevant patent office and representation in the subsequent examination and grant procedure, as well as the maintenance and administrative management of existing patent rights in Switzerland and abroad.

As part of our value-oriented consulting approach, we examine together with you whether the necessary expenses make sense. This involves much more than simply obtaining patents or utility models. We always focus on the consideration of whether and to what extent any property rights are expedient for you and your company - true to our motto: We don't work for you - we work with you. This may well involve a conscious decision not to apply for a patent for an invention but, for example, to keep it secret.

We also provide advice and representation in opposition, appeal, cancellation and nullity proceedings as well as in patent disputes for the benefit of your company conscientiously and with full commitment - thanks to our experienced team of patent attorneys and attorneys-at-law, we can do this - where advantageous - from a single source. For worldwide patent applications, disputes etc. we can - if necessary - rely on an international network of renowned law firms and experienced colleagues.

We draft license agreements according to your specifications or in close consultation with you, examine licenses offered to you and represent your interests in the field of patent law vis-à-vis offices, authorities and third parties.

We advise you and your company on current and complex issues relating to general patent law and related areas of law, train your employees, review and optimize your processes, for example in the area of reliable invention disclosure by employees, confidentiality of trade and business secrets and know-how worthy of protection, and much more.