Patentanwälte Riechelmann und Carlsohn

Patent rights

Basic principles: Patents are granted for technical inventions, which are new, inventive and commercially applicable. A patent grants a monopoly right for a period of time up to a maximum of 20 years after the filing date.

A patent gives you the right to prohibit third parties the use of the invention for commercial purposes. This has some exceptions, for example, the "Research Exemption".

Procedure: After preparation of the application documents, including general claims and drawings, these documents are sent to the Patent Office. The "filing date" is the day the patent application arrives at the Patent Office.

If you request the application and at the same time the examination of the patent, the Patent Office examines the prior state of the invention from approximately the previous nine months. That is, older patent specifications and all other written and oral disclosures, then the Patent Office issues a first office action based on this state of the invention .

After reception of the first office action the applicant can decide in which way he wants to proceed with his patent application. After a positive communication he can, for example, apply for an international registration, which claims the filing date of the first patent application; that is, to claim the priority. However, even if the first office action of the examining division is negative, it is possible to receive the patent, for example, through discussion of the state of the art or changes in the claims. For this purpose, the applicant works out a detailed response to the office action, containing arguments to convince the Patent Office in his favour.

If the doubts of the Patent Office are dispelled, the p atent is granted and the p atent specification published. From the day the patent is granted, the owner of the patent can prohibit third parties from using his invention.

What we can do for you: We help you complete the application documents. You will find a list of the required information and a very simple example of a patent application here. Based on the information; we work out the description, the claims and if necessary, the drawings. We send the documents to the Patent Office, answer the office actions and provide that all is done to obtain the desired patent.

We assist you in defending your patent rights and if opposition is filed by a third party, we assist you in finding possible ways to protect your invention nationally and internationally at a reasonable price.