If you have great ideas for new technologies, processes, applications, or services, the question quickly arises: Can I protect them?
The answer: it depends. But you should definitely explore your options regarding intellectual property rights. If you’d like to learn more about intellectual property rights, please contact us. Here are a few thoughts on the matter.
Examples of technical intellectual property rights include patents and utility models, while examples of non-technical intellectual property rights include trademarks (to which you can then add the small circled “r”) and industrial designs.
What should you do if an idea very similar to yours already exists?
An essential prerequisite for your own activities is that you do not infringe on any other intellectual property rights. This review must precede all of your activities and is necessary even if you do not intend to file for your own intellectual property rights. As soon as you use methods or ideas that someone else has already registered, it can end up costing you dearly. This applies even if you were completely unaware of the intellectual property right and came up with the same idea entirely on your own.
Interestingly, if a good idea isn’t patented, in many cases it’s perfectly legal (except, for example, under copyright law) to “actively copy” it.
When, how, and why obtain intellectual property rights?
When?
If you believe that your idea represents an advancement over the so-called state of the art and you see advantages in being able to exclusively use this advancement yourself for a period of, say, 20 years.
How?
You must register your intellectual property right. The process of registering intellectual property rights is quite complicated from a procedural standpoint, especially when it involves international matters. For this, you will need a qualified patent attorney. These professionals have first completed a degree in engineering or the natural sciences and then undergone further training to become patent attorneys.
However, to obtain a viable intellectual property right, you shouldn’t rely solely on the experts. Think of it more as a team effort. After all, you know best what’s at stake, so you need to do a lot of preparation and actively participate in the process. To ensure that the things that really matter are protected, work out exactly what it is that you’ve invented. Then seek advice from the experts on how to word the application.
Keep the costs in mind: the filing fees themselves are downright cheap—filing a German patent with the German Patent Office costs only EUR 100. What adds up is the time spent on consultation—and that can easily amount to one or two days.
What’s the point?
Develop a clear strategy. Only you know what matters in your market. What should be protected, where, and why? Which countries are important? To determine this, you should ask yourself, for example, where potential competitors manufacture their products and where they ship them, and then narrow your focus to the most relevant countries.
You must always keep an eye on the costs, because you can’t simply register “everywhere.” Regular annual fees are due in every country, and these fees increase the longer the intellectual property right has been in force.
Your law firm manages these deadlines and ensures that you always know when you need to pay which annual fee. This is really important, because “forgetting” isn’t an option here. Anything that has expired due to nonpayment is gone for good.
Or maybe not?
Of course, it’s great to have a patent. Still, please ask yourself: Are there any reasons why you might be better off not filing for intellectual property protection?
An intellectual property right does not actively protect you; rather , it gives you the right to defend yourself if someone else uses your idea. This can only be done in the appropriate courts, and it can take a long time and be expensive. So if you have competitors who are much larger than you, it might make sense to forego a property right because you have neither the money nor the time to defend yourself against an infringement. (On the other hand, perhaps a property right could help you establish a partnership with that very competitor.)
Another reason is that you don’t have to reveal your expertise to anyone in order to generate revenue.
After all, when you file a patent application, you’re always revealing some of your knowledge. So, for example, if you’ve developed a process that results in an outstanding product, but your competitors are racking their brains trying to figure out how it’s made—because you’re able to produce it behind closed doors, away from public scrutiny—please don’t reveal anything.
In such a case, the rule is: A wise entrepreneur enjoys the moment and says nothing.
