Your questions – our answers
OfficeFAQs
The field of industrial property protection is an exotic field of law, not only for amateurs but also for many lawyers. If you have not previously had anything to do with patent protection, trademark protection, design protection, employee inventions or licence agreements, then the following frequently asked questions and answers may be a good introduction to the topic.
Questions about innovation and IP rights
Innovation and protection of your industrial property |
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I have developed a device (an apparatus, a tool, a machine or similar) and would like to protect my idea. What do I have to do? |
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You can apply for a patent or utility model for your idea. We support you with our WSPatent® application service |
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I have developed a method (manufacturing method, analysis method, control method or similar) and would like to protect my idea. What do I have to do? |
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You can apply for a patent for your idea. We support you with our WSPatent® application service |
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I have developed a new logo and a new name for a product and would like to obtain protection for it. What do I have to do? |
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You should register a trademark for this. We will support you with our WSPatent® application service |
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I have founded a company and would like to protect the name of my company. What do I have to do? |
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Your company name is automatically protected by statutory naming rights and possibly also by an entry in the commercial register or as a company identification mark. Nevertheless, you should consider registering a trademark for your company name as well. We can support you in this process with our WSPatent® application service |
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I have created a design for a product and would like to obtain protection for it. What do I have to do? |
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You can register your design for design protection. We will support you with our WSPatent® application service |
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How can I generate innovations in my company? |
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Client-side challenges are a constant source of innovation – so keep your ears to the ground. Unfortunately, we can't support you in doing so. |
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How can I motivate employees in the company to become engaged creatively? |
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Set up an internal suggestion scheme and an invention reporting system in your company. You will be surprised at the good ideas that will come from the staff. We will support you with our WSPatent® employee invention service |
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As an employee, I would like to know what rights and obligations I have against my employer if I have made an invention during my employment. |
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In Germany, the legal relationship between employer and employee inventor is laid down in the Employee Inventions Act. It takes precedence over any provisions of the employment contract. An employee inventor is entitled to compensation for employee inventions. We will support you with our WSPatent® employee invention service |
Questions about research and information procurement
Research and information procurement |
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I want to start a business but I don't know whether the company name I want to use already exists. What can I do? |
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You should definitely conduct a search for existing company names and registered trademarks. We will support you with our WSPatent® searching service |
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I want to create a brand name for our products and services with our advertising agency, but I don't know what criteria we should use. What should I do? |
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A brand name should be unique and memorable, and it should be protectable by trademark law. Cultural aspects must also be taken into account. We support you and your advertising agency with our WSPatent® branding service |
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I'd like to introduce a new brand name for my products and services, but I don't know whether this brand name already exists. What can I do? |
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You should definitely conduct a search for earlier registered trademarks. We can support you with our WSPatent® searching service |
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I would like to publish a book or a magazine, produce a film, a radio or a television programme, publish a podcast or bring a game onto the market and I don't know whether the intended title already exists. What can I do? |
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You should first conduct a search for existing titles and trademarks to minimise the risk of a subsequent infringement of title. Then you should proclaim a title protection in order to reserve the title to a certain extent. We will support you in this with our WSPatent® trademark service |
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I would like to develop and distribute or import a product, but I don't know whether this product is protected by an industrial property right. What can I do? |
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You should conduct a search for existing patents and utility models to minimise the risk of a subsequent infringement of intellectual property rights. We will support you in this with our WSPatent® search service |
Questions about the infringement of IP rights
Infringement of industrial property rights |
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I am the owner or exclusive licensee of an industrial property right (e.g. patent, utility model, trademark, design or similar) and I suspect that this industrial property right is being violated by a third party. What can I do? |
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Before you contact the third party, you should first collect evidence of the alleged infringement. Then you need to verify the status and strength of your own intellectual property rights and carry out an initial legal assessment of the facts. To do this, you need competent legal expertise. We will support you with our WSPatent® litigation assistance |
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I have been accused by a third party of allegedly infringing an industrial property right (e.g. patent, utility model, trade mark, registered design or similar). What should I do? |
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It is important to act quickly here, especially if you have been given a deadline to respond. There is a significant risk that a preliminary injunction will be ordered against you by the courts, prohibiting you from engaging in any further business activities in this regard. You should therefore seek legal advice immediately. We will support you with our WSPatent® litigation assistance |