1. Intellectual property rights such as patents, trademarks, copyrights, and industrial designs can protect innovations and brand identity. 2. Patents protect inventions by providing exclusive rights to the inventor for a limited time, usually 20 years. Trademarks protect distinguishing signs that identify commercial goods and services. 3. There are various strategies for managing intellectual property depending on a company's size and goals, from defensive portfolios for large firms to focusing on key patents for startups.

1. Are intellectual property (IP) rights an asset for your company? Dr. C. May * , Member of the German Patent and Trademark Office (DPMA), Department for Information Technology *The presentation reflects the personal opinion of the author.

2. What is intellectual property? Intellectual property rights protect the information or knowledge in creations Intellectual Property Copyright Industrial Property Rights Expression of information with a stamp of the author’s personality Characteristic as regards a product or service from a consumer perspective Work based on ideas Other work

4. Industrial property Trade marks © BMW Industrial design Patent: run-flat tyre www.kfz-tech.de Information or knowledge reflected in a product from a consumer perspective

6. Trade marks distinguish products Source: <http://www.flickr.com/photos/54133554@N00/280543406/>

9. Non-traditional trade marks 3-D: Colours: Sounds: The Coca Cola Company BP Kraft Foods Toblerone Dr. Ing. h.c. F. Porsche AG: Boxter-S Kraft Foods : Chocolate Deutsche Telekom AG Nestlé Kraft Foods : Milka

10. Statistics of community trade marks <http://www.ohim.eu.int/pdf/office/SSC009-Statistics_of_Community_Trade_Marks_2006.pdf> 0,00 1 Olfactory 0,00 3 Hologram 0,01 28 Sound 0,05 163 Other 0,03 87 Colour 0,55 1.639 3D 36,14 107.243 Figurative 63,21 187.568 Word Mark % Registered Trade Marks 1997 - 2005 Type of mark

14. Design encompasses our lives Source: C. M. Gantz: Design Chronicles: <www.idsa.org> Scott Shim: SHIFT Concept Bicycle <http://www.idsa.org/idea/idea2005/g7.htm> Berliner Gramophone 1896 Model T Ford 1913 MMT 8 Table Lamp: 1923 Vienna Cafe Chair 1925 Horwitt: The M useum Wa tch 1958 IBM Selectric I Typewriter: 1961

17. Design – the distinguishing feature Bertoia: Wire Diamond Chair, 1952 Nokia 8800 Scirocco Edition Apple iPOD BMW X5

18. Design and its (l)imitation Apple iPOD Micromaxx MM 42452 BMW X5 Shuanghuan SCEO Source: <http://forum.wininizio.it/lofiversion/index.php/t49473.html>

20. Comparison of industrial designs and 3D-community trade marks appearance of a novel creation indicator of origin renewable for periods of 5 years up to 25 years unlimited renewable for periods of 10 years; genuine use within 5 years required. novel and individual character at time of filing (grace period 1 year) distinctive as regards to the products or services which have been applied for registered design registered trade mark

26. Patents protect creative solutions to technical problems &quot;My attention was first directed to the mechanical removal of dust from carpets in 1901 […]. […] the air was blown down into the carpet from two opposing directions while the box was pushed over the carpet. […] I thought over the matter for a few days and tried the experiment of sucking with my mouth against the back of a plush seat in a restaurant in Victoria Street with the result that I was almost choked. I came to the conclusion that I could construct a machine to work by suction. (Source: Booth, C.H.: “The origin of the vacuum cleaner&quot; In: Transactions of the Newcomen Society, 1934-35 Vol 15. ) The solutions may be fundamental or incremental

42. Examiner Grant Rejection Opposition procedure Body Revocation of patent Oppo- sition ? Patent (max. 20 years) Patent application Request of examination Publication Laid open DExxxA1 Length of the proceedings: 41 months (as of 2004) appeal appeal no yes BPatG after 18 months nullity Publication Patent DExxxB3/B4 Examination procedure Patent administration appeal Main- tenance of patent The way to the patent at the DPMA

43. Bundesgerichtshof (Federal Supreme Court) (I. or X. civil panel) Legal appeal Revision Appeal Bundespatentgericht (BPatG) (Federal Patent Court) Oberlandes- gericht (OLG) (Regional Court of Appeal) Appeal Appeal DPMA: Patent or opposition procedure Landgericht (LG) (District Court): Action of infringement (legal examination) (legal examination) (material and legal examination) Action of nullity Legal Processes /Patents

44. 1st to 5th Year (est. 4500 €) Annual Fees (exactly) Costs of a German patent (as of 2004)

46. Trade mark administration Data input Registration procedure Registration Rejection Opposition procedure Rejection of opposition Cancellation trade mark Oppo- sition? Trade mark application Trade mark (unlimited renewable Publication Appeal proceedings (poss.) Cancellation of trade mark officially or by request appeal appeal no yes BPatG of The way to the trade mark