Are patents permanent

Patent policy

The patent policy serves to secure own property rights, i.e. the protection of own innovations that have made considerable progress with respect to the previous state of the art. Only the holder of a patent is entitled to manufacture or offer the patented object.

There are problem areas with imitations and duplicate inventions. According to Section 16 of the Patent Act, the patent lasts 20 years, beginning on the day following the application for the invention. The real term of protection is shorter. Disclosure takes place no later than 18 months after registration. During this time there is no protection against imitations, only a right of priority. The task of patent policy is not only to register patents, determine their term and monitor patent protection, but also to market patents that are not used by the company under certain conditions (see Brockhoff, 1999a, p. 99ff.). In this case the patent becomes a market achievement. When patents are sold, ownership of all rights is permanently transferred to the buyer; there are no longer any control or influence options. As an alternative to this, licenses can be issued (licensing policy).

The analysis of patent applications by competitor companies is of great importance for competitor analysis; at the same time, it provides insights into technological advancement.

is the entirety of the dispositive measures in the area of ​​technical property rights. The carriers of these measures are i. d. R. Company. The subject of patent policy is own or third-party technical property rights that are emerging or existing, i. H. Patents and utility models. Active patent policy concerns the establishment and maintenance of property rights for proprietary inventions. Reactive patent policy tries to prevent the creation of property rights of other companies or to restrict or destroy their existing property rights. Systematic patent information is required in both cases. The central problem is the decision on whether to register or not to register an invention. In principle, this decision is at the discretion of the company. Only service inventions by employees must be made by the employer in accordance with the law on employee inventions i. d. Usually be registered. The alternative to the legal protection of new technical inventions is the factual protection of knowledge by means of secrecy, the effectiveness of which i. d. Usually limited. As the size of the company increases and the number of patentable inventions increases, so does the patent frequency, which is also influenced by the competitive situation and the sector in which it belongs. Approx. 95% of all protectable inventions are registered (see also the table). Patent protection serves to secure sales and a profit-optimizing diffusion of technical knowledge. It has an advertising effect and promotes the image. At the same time, it is avoided that the company is restricted by third-party patents with the same content. Important reasons for not registering are the lack of verifiability of compliance, time-consuming enforcement of proprietary property rights, administrative-technical obstacles, the costs associated with the procedure, uncertain prospects of income, possible confidentiality advantages and chances or advantages of utility models. With disclosure through patents, competitors can use the invention as a starting point for their own research; Foreign competitors can also use the invention without a license or register it themselves, provided that it has not also been registered abroad. When applying for a patent, there is no protection until disclosure. If the aim is to quickly market the knowledge before the limited protection associated with the disclosure occurs, an auxiliary utility model application is recommended. In practice, this is used in around half of the patent applications. The application for a utility model instead of the patent application is of increasing importance because of lower costs and shorter innovation cycles. To secure the priority, an early registration is useful, to protect against circumvention inventions, a late registration. The information effect of patent law can be weakened by filing as general as possible, but also by filing the application in line with the market launch. The latter is bought with the risk that third parties will forestall the registration of a property right. Another problem is the location of registration. Worldwide registration is associated with high costs. Without a foreign registration, the competition is able to use the knowledge revealed by the domestic registration without paying a license or to register it themselves. Registration is made where there is an important sales country or where competitors operate their production facilities. After registration, it must be clarified when the application for examination should be submitted. If full patent protection is sought earlier, the request for examination must be submitted as soon as possible. In practice, around half of the companies submit their application no later than one year after registration. When deciding on the exercise of a patent right, at least a temporary suspension of the patent is to be found in more than every second case. No recovery is planned for a significant quota. This indicates that patents are not only used to support one's own marketing strategies, but also massively as a means to hinder the competitor. Rising patent costs and decreasing importance mean that only a small number of patents reach the maximum possible term. As part of the reactive patent policy, the acquisition of one's own blocking and fencing patents or the assertion of facts contrary to the granting of property rights after disclosure are suitable means. After the patent has been granted, an objection or an action for annulment is possible. The latter rarely occurs because of the effort and risk involved. Larger companies usually have their own patent department; i. d. Usually a patent attorney is used to file applications or to be represented in disputes. Patent policy requires an interdisciplinary body made up of legal, marketing and R&D experts. Patent policy is an aid to a company's competition and technology strategy. There is a high correlation between R&D spending and a company's patents. Patent protection promotes willingness to provide R&D funds. Literature; Grefermann, K .; Rötblmgshöfer, K. Ch., Patents and Technical Progress, Part T. Patent and Licensing Policy of Companies, Göttingen 1974. Greipl, E .; Täger, U., Competitive Effects of Corporate Patent and Licensing Policy, Berlin, Munich 1982.

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