IP Strategies

Industrial property rights render the owner a unique position in the market, which can be communicated, legally defended and pricely enforced. However, this requires an industrial property rights strategy that distinguishes between basically protectable developments, and those which are also of value for the company. First and foremost, this is based on customer benefits, which should be put under protection as far as possible. In addition to the specific knowledge of the market segment, this firstly requires fundamental knowledge of intellectual property rights with its many applications as a classic technology protection, but also as a license generator, marketing tool or for Mergers & Aquisitions. We have already held numerous lectures, workshops and seminars on the basics and on further, selected issues of intellectual property law.

Within the framework of already established intellectual property strategies, we are primarily active in the following areas of focus, which are either project-driven or ongoing.

Freedom-To-Operate  – A Freedom-To-Operate analysis seeks to avoid IPR disputes with competitors after the launch of a new product. For this purpose, before the market launch, it may be possible to investigate conflicting IP rights of the competition, which could jeopardize the distribution of the new product or the provision of a novel service and thus destroy the investments made in development and marketing.

Due Diligence  – A Due Diligence Examination in Intellectual Property Rights means a monetary and legal valuation of an IP portfolio with Mergers & Aquisitions carried out with due diligence (in circulation). For an IPR portfolio may be extensive, but individual or all IPRs may be of little relevance to the buyer, not necessarily legally valid, only in the testing phase or already expired or expired.

Competition monitoring  – Ongoing competition monitoring serves the early detection of patent applications by third parties, which may constitute state of the art as well as prohibition rights. Usually, ongoing competition monitoring is carried out as a monthly search run in the widest possible form via a technology or competitor field and its results are compiled and evaluated for relevance.

Technology research  – A technology search attempts to capture the development trend of a market segment. Essentially, it is a search for IP applications filed by a competitor (s) over a certain period of time, which can be used to draw conclusions about current or long-term trends.

Ex Ante Search  – An Ex Ante Search serves to identify anything that is already known, from which a development must clearly differ in order to be eligible for protection. This applies to patents, utility models, designs and trademarks all the same. In this respect, this type of search is essential for assessing the chances of success of intellectual property right applications, and for avoiding bad investments.