MANUEL PESCHER IP SERVICES
Dr. Manuel Pescher, Dipl.-Physics, Dipl.-Biology
The IP-WRAPPER: Pharmaceutical, Chemical and Biotechnological Inventions (PCBIs)
2) "Substance or Composition" vs. "Device"
Pharmaceutical, chemical and biotechnological inventions (PCBIs) play an increasingly important role in modern technology, not only since the rise of the pandemic. These technologies usually involve chemical compounds that are used, e.g. in chemical synthesis or as bioactive agent. A prominent example of the latter are antibiotics and other drugs.
The spheres of nano-medicine and macrostructures start to merge with impacts on patent drafting and prosectution practice. Key question to ask yourself here:
- Are you using a "substance or composition"?
Many of you may ask now:
- Why does it matter if my invention refers to a "substance or composition"?
- What is the difference between a "substance or composition" and other subject matter?
Find the answers in today's IP-WRAPPER: Pharmaceutical, Chemical and biotechnological inventions.
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Unregistered Community Designs (UCDs) - a powerful and easy to get intellectual property right (IPR):
The Unregistered Community Design (UCD) is a fast and easy way to get design protection for the territory of the entire European Union. Germany's Federal Court of Justice (FCJ) referred two questions to the European Unions Court of Justice (CJEU) regarding the UCD:
Q1: Can UCDs in individual parts of a product arise as a result of disclosure of an overall image of a product?
Q2: If so, what are the legal criteria to assess individual character?
In this video I will give you an overview about the preliminary ruling of the CJEU and its meaning for you, your marketing and branding in combination with e.g. product releases!
Hi IP-Curious,
Every innovation starts with an initial spark! But, it doesn’t have to end with it.
Don’t leave your innovation in the open, unprotected.
To turn that initial spark into a fire it is important to give it something to feed on. Do not give away for free what could legally be yours. I am here to support you or your clients in the legal protection of intellectual property.
Protect future success, ideas:
A technical invention might have started with a sketch. This sketch might be the foundation to economical growth and success.
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Without patent protection:
- you “donate” your technical invention to the public domain and you will have to share a potential success, in the best case scenario.
- you cannot assemble an intellectual property portfolio and you will invest money likely never to pay off in return.
- you are already on the loosing side.
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- get your invention evaluated and checked for patentability.
- obtain up to 20 years of legal protection from the date of filing.
- get priority claimed within 12 month from first filing.
- get checked what other IP-rights could work for you and how your portfolio as an asset can be assembled.
For sure:
- not only fashion needs design, all products do.
- without the protection of the design, copy cats will immediately copy a successful design. You loose!
- stop being mediocre in appearance!
- ramp it up instead, based on and supported by legal design protection.
Better:
- get legal protection for your designs to set you apart from the competition.
- obtain up to 25 years of legal protection from the date of filing.
- get priority claimed timely.
Branding shall give you recognizability on the market and it shall create and channel emotions of your customers and clients.
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Frequently, the concept of branding is mixed up with the concept of trademark protection.
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Branding is the full set of your marketing concept focusing on customer awareness, appearance, emotion generation. Branding and concepts are not protected per se in Germany and Europe! Their is no innovation protection in place!
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Trademarks on the other hand are a legal tool that allow you to protect signs, sounds, images, "teaser videos" you might use to allow your customers and clients to recognize you on the market.
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Better:
- to get protected what can be protected!
- that your trademarks are protected to protect clients' and customers' recognition on the market.
- to intertwine your trademark protection strategy with other intellectual property rights, e.g. copyright protection ("Urheberrecht") or design protection to minimize the "potential entrance doors" for your competitors and to "cover your branding" as far as possible.
Work out a general IP-strategy by
- planning your protection strategically
- following an overall approach of seeking and enforcing protection of the different types of IP-rights intertwined with each other to get to a consistent branding based on and supported by intellectual property.
Not convinced yet? You ask yourself:
“Why should I listen to what he is talking about?”
Manuel Pescher IP Services
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