IP Basics

A common route to patent protection in Europe is to file European patent applications, allowing a single application to be filed and examined at the European Patent Office by highly competent examiners.

A German company as an employer is generally entitled to the rights to the inventions of its employee if the invention is made in a field of technology related to the regular duties of the employee.

A utility model is similar to a patent in that it provides a monopoly right for an invention. However, utility models tend to be much cheaper to obtain, the requirements for grant of a utility model are usually less stringent and the term is shorter. Not all countries grant utility models. However, countries granting utility models (or similar/equivalent rights with a different name) do include Germany, France, Spain, Italy, Japan, China and Australia

The German Act against Unfair Competition can give supplementary protection in cases where no specific (particularly registered) intellectual property rights, such as patents, trademarks or designs, exist.

Most countries have patent laws which prohibit − directly or indirectly − the patenting of immoral inventions. However, the concept of morality is difficult to define: attitudes to morality vary widely between different countries and different religions, and they also change over time.

Hosted by Dave Paton and Greg Iceton on 16 July 2020, this webinar covers design protection.  Although the basic concept of design registration is simple, the law relating to it is rather complex – in this webinar Dave and Greg examine how to make the most out of design protection irrespective of the product.

Any party adversely affected by a decision of the European Patent Office (EPO) is entitled to appeal that decision. Appeals therefore lie from decisions of the Receiving Section, Examination Division, Opposition Division and the Legal Division.

In contrast to other jurisdictions, under German national law unregistered designs do not exist, i.e. a design must be registered with the German Patent and Trademark Office

Notarisation and legalisation are forms of legal certification which certify that a document or a signature is authentic or a true copy. Intellectual Property Offices in some countries require formal documents (e.g. Power of Attorney forms) to be filed with these such legal certifications.

The grant of a European patent can be opposed by a third party within nine months of the date of grant. An opposition is currently the only way to challenge the validity of a European Patent centrally, for all the designated states, and a successful opposition can result in the complete revocation of the patent in all of the designated states. The opposition procedure is summarised below.