Competence – a growing Asset
I have been a patent attorney for over twenty years. In this time, I have drafted a high number of patent, trademark and design applications. I prosecuted these applications and brought them towards grant. In addition, I was involved in a plurality of patent infringement and trademark infringement proceedings.
My technical background is physics. The knowledge I acquired during my studies with respect to the laws of nature and the scientific skills of man, together with my professional experience, give me a particular competence in the following technical areas:
- automotive engineering
- audio technologies
- jet engine technologies
- semiconductor technology
- medical technologies
- software inventions
In addition to the handling of technical inventions, a further focus of my work lies in trademark law. Over many years I have represented a plurality of German Mittelstand companies and overseas companies in trademark matters.
Last but not least, I regularly deal with design patent protection on a national, European and international level.
A granted protective right provides to its proprietor the right to prohibit third parties from using the subject matter protected, be it a technical invention, a trademark or a design. At its core, a protective right, accordingly, provides exclusivity to the proprietor of the right. If a protective right is not respected and infringed, it should be enforced against the infringer. Otherwise, it will lose its value.
As simple as this principle is, the issues involved in prosecuting an exclusive right are difficult. What is the cost risk of prosecution? What procedural steps have to be followed? What then should you chose? Is the accused device indeed infringing? What counter attacks are available to the accused infringer? What rules apply to the provision of evidence? Etc.
As a patent attorney I have been involved and gathered experience in a plurality of infringement proceedings which provides me with the skills to give advice to a client in an infringement situation.
In view of the fact that a very high number of protective rights such as patents or trademarks exist, every company is threatened by the danger of infringing the protective rights of other parties with its products and services. Injunctions and damages in particular can be the painful consequences of such infringing actions. It is, therefore, of high importance that a company initiates a clearance review before a new product or new trademark is placed on the market. Further, the surveillance and analysis of protective rights newly granted to competitors are acts of caution that many companies follow.
For many years, I have provided analysis and given advice with respect to the relevance and validity of protective rights such as patents. Will the protective right likely be infringed by the client? Can the protective right likely be invalidated? Such assessment represents a necessary basis for a company to make a prudent decision.
The exclusivity that the owner of a protective right enjoys may be utilized in a plurality of ways. Giving a license or taking a license represents a common utilization means. I am happy to give you advice with respect to the drafting of license agreements and in negotiations with potential licensors or licensees.