Tel.: +49 711 400 42 150
DE | EN | IT
Logo Wörz Patentanwälte Living IP

Services

We are your personal contact in all areas of national, European and international intellectual property protection, including the drafting, obtaining, defending and enforcing of intellectual property rights – patents or utility models, trademarks and designs.

We also support you in the drafting of licence agreements and offer legal advice on the German Employee Inventions Act.

We represent your interests in national and international IP infringement cases and in opposition and nullity proceedings.

Patents

Patents and utility models are used to protect technical inventions.

We prepare patent and utility model applications on the basis of detailed technical discussions with the inventors.

FAQ

Inventions that serve to solve a technical problem. Business management methods, algorithms, software are not protectable as such, but devices, apparatuses, processes using such business management methods, algorithms, software are protectable if they serve to solve a technical problem. Processes can only be protected as patents, but devices/apparatuses that carry out the process can also be protected as utility models.

Max. Term of protection: patent 20 years (with application 2 years, thereafter extendable annually by 1 year each time to max. 20 years); utility model 10 years (with application 3 years, thereafter extendable once by 3 and thereafter 2 times by 2 years each time to max. 10 years)

Subject matter: utility model no procedures

Obtaining protection: patents go through substantive examination procedure, then grant; utility model registration without substantive examination

Novelty grace period: If a subject matter for which a patent application is to be filed has already been published (e.g. at a trade fair or in a catalog), the grant of a legally valid patent is excluded; a utility model can still be validly registered within 6 months of the subject matter's own publication.

Description of the invention, disadvantages of what has been known so far, in contrast advantages of the invention, technical explanations, drawings, sketches, diagrams, etc.

The invention must be new (must not have been described identically anywhere in the world before) and based on an inventive step (must not have been obvious to a person skilled in the relevant technical field). In addition, the invention must be industrially applicable (e.g. not given in the case of medical healing methods; however, devices using these methods may be protectable).

  1. we work out draft application
  2. you receive it for review and comments
  3. revision of the draft
  4. after consultation with you, filing of the application at the patent office (filing date)
  5. for the patent: start of the examination procedure, communication with the responsible examiner
  6. grant/registration of the patent/utility model

Patent: if request for examination is filed contemporarily with the application with the Patent Office, usually 10 months from filing date to first examination report; a patent is usually granted within 18-24 months

Utility model: if formal requirements are fulfilled, registration within a few weeks

Trademarks

Trademarks serve as indications of origin or as identification features for the goods and services claimed. This enables them to be distinguished from those of other manufacturers or suppliers. Therefore, trademarks should be distinctive, individual and memorable.

Descriptive or non-distinctive indications for the goods and services claimed are not permissible. Prior to registration, it is advisable to research relevant databases to determine whether identical or similar earlier trademarks already exist in order to avoid conflicts.

FAQ

A trademark can be used to protect a name or a sign of a company, a product or a service. In addition to word and figurative marks, slogans, the shape and presentation of a product, color combinations or acoustic signals can also be protected.

  • A sign, graphic, logo to be protected
  • A list of goods and services for which the sign/graphic/logo is to be protected

The sign/graphic/logo must not be descriptive of the goods/services claimed and must not need to be kept free. In some countries (e.g. USA), the mark applied for must also be distinguishable from earlier marks. The use of the sign/graphic/logo in the past is not harmful for registration as a trademark. You should have the serious intention to use the trademark in the near future either yourself or under licensing through third parties.

  1. we prepare a draft list of goods/services based on the information provided by you
  2. you will receive it for review and comments
  3. revise and, if necessary, supplement the directory
  4. after consultation with you, filing of the application at the Patent and Trademark Office (filing date)
  5. Formal examination
  6. substantive examination in some countries (e.g. USA, China)
  7. registration

Provided that the formal requirements are met, a trademark is registered within a few weeks. In some countries (EU) there is an opposition period beforehand, which delays the registration of the trademark by 3 months. In some countries (USA, China) there is a substantive examination procedure, which can further delay the registration.

With registration 10 years, thereafter renewable by 10 years each as often as desired

Designs

With a design or registered design, the external design or the design of a product or a part thereof, graphic symbols and typographic characters can be protected relatively inexpensively.

We will be happy to advise you on how to protect your product or part of it as a design as efficiently as possible. We will assist you in the preparation and filing of the application with the Patent Office, and in obtaining design protection. Even after that, we will be at your side to defend or enforce your design.

FAQ

Aesthetic creations of form, the design of a product, surface structures, boards of board games, graphical user interfaces (GUI), fonts, etc.

  • Images (photos, renderings, black and white line drawings) of the design to be protected; if possible in 7 views (from all 6 sides and at least one perspective view).
  • images without accessories (neutral, preferably light background; no holders or hands holding the design, no reflections, no shadows)
  • for USA: preferably line drawings

The design to be protected must be new and have a so-called individual character (must not have been known to the designer in the relevant field in an identical or similar way due to his usual professional activity).

  1. we will work out a design application based on the illustrations received from you.
  2. after consultation with you Filing the application with the relevant office (filing date).
  3. formal examination
  4. in some countries (e.g. USA) substantive examination
  5. registration

Provided that the formal requirements are met, a design is registered within a few days (EUIPO) or weeks (DPMA). In some countries (USA) there is a substantive examination procedure which can delay registration (USA until registration: approx. 2 years).

With registration 5 years, thereafter extendable a maximum of 4 times by 5 years each time to a total of 25 years

Home»Services