Opinions, risk evaluations, FTO

Evaluations of trademark similarity from the world of trademarks (German trademarks, European (Community) trademarks and IR marks) in terms of figurative and word components are based on ...

• an analysis of the results of an implemented trademark search
• a risk assessment regarding the use of the name as a domain (part of your internet address) and for the application of the name as a trademark
• clear recommendations of how to proceed.

Opinions concerning patentability of your inventions as well as the inventions of market competitors are recommended to ensure the success of your products covered by intellectual property.

A "Freedom-to-Operate" (FTO) analysis may be relevant if you wish to design a new product and place it on the market or if you offer a new technical service in maybe e-commerce. Such an analysis may avoid conflicts with market competitors regarding IP rights after your product has been launched.

The levels at which IP rights play an important role are almost infinite. See for example the recent and ongoing disputes in the field of mobile telecom which are currently in the press.

Apple, Nokia, Microsoft vs. Motorola, Motorola vs. Apple: the numerous patent and design litigation cases currently being brought before the US and other worldwide courts show the important role patents play in the field of mobile telecom sector.

If you want to design a mobile telephone, you have to obtain licences into hundreds of patents just for GSM/3G basic functions. Analysts speak of up to 3000 licences in individual cases.

With the ever more comprehensive range of functions offered by modern smartphones, any manufacturer must consider even more patents.

Opinions regarding eventual infringement of IP rights are sensible. Evaluation of your intellectual property, opinions determining decision values and argumentation merits and regarding the question of any Return on Investment (ROI) guide you on your way to economic success. They form the corner stone key on which your venture can grow with your ideas.

Naturally, patents also have natural limits different from the earlier US principle of "anything under the sun, that is made by man", CAFC, "State Street Bank & Trust Co.", 149F. 3d 1368 of July 23, 1998. Medical applications, discoveries (these are not inventions), standardised processes and standards, non-technical ideas (abstract ideas), particular business methods and ideas, cf. U. S. Supreme Court, 561 U.S. 2010, No. 08-964, Bilski et al. vs. Kappos, argued November 9, 2009, decided June 28, 2010, pure software with no technical applications, diagnostic medicine at the patient. These "natural enemies" of patent protection limit its possibilities to "not anything under the sun, but quite a lot".

Source: www.heise.de/ct/artikel/Smart-Wars-11129825.html - Florian Müller, "Smart Wars", c't 24/10.

Last updated 12 May 2014