Modul 7: Insights

Question 1

2

Answer 1

• A fundamental decision of the inventor concerns the question of whether he should apply for a patent at all.
• Patents have many advantages, both offensive ones, in particular protection against imitation by excluding the competition from using the invention, as well as defensive ones, in particular preventing a restriction of one’s own freedom through competitive patents (freedom to operate) and the protection of your own key patent against circumvention.
• But patents also have certain disadvantages, such as the motivation of competition to take countermeasures; and the detailed disclosure of proprietary knowledge.
• Doing without patent protection, especially in the case of process patents, and keeping the invention secret is therefore a strategic alternative in some situations, as long as the freedom to operate is not endangered. Several German mid-sized companies make this choice.
• Other relevant criteria for deciding whether or not to apply for a patent are the ease with which the patent can be circumvented, the provability of the patent infringement and the cost of enforcing the patent by the courts
• Patents are recommended in many sectors, especially in the technology-oriented industry, but they are not enough to guarantee success as an innovator3

Question 1

1

Answer 1

• The subject of an intellectual property (IP) strategy is the use of essentially four industrial property rights: patents, utility models (Gebrauchsmuster), trademarks and registered designs.
• Patents are essentially an agreement with the state that on the one hand promises protection against imitation by excluding competition from the use of the invention for 20 years, i.e. granting a monopolyfor a defined period of time, but on the other hand also guarantees full disclosure of the details of an invention.
• In addition to the number of patents, their relevancemust be taken into account, which is shown in how often the patent is cited as state of the art by later patents

Question 2

3

Answer 2

• Within the existing business model: the strategicrole of strengthening the competitive position in order to establish one’s own technology as the market standard, or to enable rapid geographic expansion, or to strengthen your own technical skills through cross-licensing with a competitor. Or the tacticalrole of monetizing unused patents.
• As a new business model: The strategicrole as partof a new business model (see Qualcomm) or even as the coreof a new business model.