Cabinet Boettcher

What is a patent ?

A patent is an industrial property right. It allows you to protect an invention, i.e. the technical characteristics of a product or process, provided that the invention is new and inventive.

You must keep your invention secret until the patent application is filed.

A patent allows you to prohibit anyone from exploiting your invention without your authorisation in the country or territory where the patent is in force.

The patent may be maintained in force for twenty years from the date of filing by the periodic payment of a royalty.

What can we do for you ?

Our team works for you at various levels, whether before filing a patent application, when drafting it, during examination procedures, after grant and generally at any time when you have a problem relating to the protection or exploitation of your invention or to check that you are not infringing existing rights when launching a new product.

We provide the following services in particular :

• Patent search ;
• Technology watch ;
• Freedom to operate studies ;
• Patentability studies;
• Drafting patent applications ;
• Filing, monitoring and management of examination and maintenance procedures ;
• Negotiation and drafting of contracts ;
• Pre-litigation and litigation ;
• Valuation of patent portfolios ;
• Management of patent portfolios ;
• Consultancy to assess the risks of a given legal situation ;
• ...

Our network of correspondents enables us to provide these services in every country of interest to you.

What is a brand ?

A trademark is an industrial property right that protects a company sign (name, logo, sound, etc.), provided that the sign is available and distinctive for specific products and services.

It is therefore necessary to check that the sign to be protected is not already used for products and services similar to your own.

A trademark allows you to prevent anyone else from using a sign that may cause confusion in the mind of the consumer for goods or services that are comparable to yours in the country or territory where the trademark is in force.

In most countries, a trademark is valid for ten years and can be renewed indefinitely on payment of a fee.

What can we do for you ?

Our team can help you at various levels, whether before filing a trademark application, during examination procedures, after registration or, more generally, at any time when you have a problem relating to the protection or use of distinctive signs or to check that you are not infringing existing rights when launching a new product or service.

In particular, we provide the following services :

• Check the availability of your sign
• Drafting of wording adapted to your activity
• Filing, monitoring and managing examination and renewal procedures
• Monitoring of newly registered identical or similar signs
• Negotiation and drafting of contracts
• Pre-litigation and litigation actions
• Valuation of trademark portfolios
• Management of trademark portfolios
• Consultancy to assess the risks of a given legal situation.
• ...

Our network of correspondents enables us to provide these services in every country of interest to you.

What is a design ?

A design is an industrial property right that allows you to protect an ornamental creation, i.e. the aesthetic features of a product that give it a particular appearance, provided that the features are new and have a distinctive or individual character.

You must therefore ensure that the ornamental features to be protected are not purely functional.

A design allows you to prevent anyone from exploiting your ornamental creation without your authorisation in the country or territory where the design is in force.

In most countries, the design can be maintained in force for twenty-five years from the date of filing by paying a renewal fee every five years.

What can we do for you ?

Our team can act for you at various levels, whether before filing a design application, during examination procedures, after registration or grant, and generally at any time when you have a problem relating to the protection or exploitation of your creation or to check that you are not infringing existing rights when launching a new product.

We provide the following services in particular :

• Design searches
• Freedom to operate studies
• Filing strategy
• Bringing designs into conformity
• Filing, monitoring and management of examination and maintenance procedures
• Negotiation and drafting of contracts
• Pre-litigation and litigation actions
• Evaluation of design portfolios
• Management of design portfolios
• Consultancy to assess the risks of a given legal situation
• ...

Our network of correspondents enables us to provide these services in every country of interest to you.

What is a contract ?

A contract is an agreement between parties who are mutually obliged. A contract gives rise to one or more reciprocal obligations and, for example, transfers a real right such as an industrial property right.

In our field, the law requires that most acts concerning industrial property rights (patents, trademarks, designs or models) be recorded in writing. The contractual aspect should therefore not be overlooked.

What can we do for you ?

As Industrial Property Attorneys, we have all the skills required to draft, analyse and negotiate contracts or parts of contracts relating to industrial property. In addition, our team of lawyers and engineers enables us to take both a technical and legal approach to contracts.

Some of the most common contracts we handle are :

• Confidentiality agreements
• Assignment of rights (transfer of invention, creation, etc.)
• Assignment of titles (assignment of patents, trademarks, designs or models)
• Licences (exclusive or not, paid or free, cross-licences, etc.)
• Co-ownership agreements
• Non-aggression agreements
• Parts of commercial agreements, research contracts
• ...

We also take care of registering these contracts in the various official industrial property registers.

What is a dispute ?

Disputes can fall into two distinct and potentially overlapping categories: one concerning the validity oruse of industrial property rights, the other concerning non-compliance with contractual clauses.

Not all disputes are settled in the courts, but most are settled out of court or are the subject of mediation and/or arbitration proceedings.

What can we do for you ?

Whether you are suing or defending, we can help you find the best possible solution to your dispute while protecting your interests.

Our actions include

• Infringement proceedings
• Seizure for infringement
• Formal notice
• Customs seizure proceedings
• Action for nullity of deeds
• Opposition proceedings
• Negotiation with the opposing party
• Property claim proceedings
• Remuneration of inventors and creators
• Drafting of agreements settling the dispute
• ...

Our network of correspondents enables us to provide these services in every country of interest to you.

Strategy & Development

As an Industrial Property Attorney, we are able to support you from the very outset of your new project, working with you to determine the best protection strategy for your needs. We also assist you on a day-to-day basis in building up a portfolio of industrial property rights in line with your company's development vision.

In particular, we work with you to devise the best protection strategy when you launch a new product or target new markets.

We can also intervene on an ad hoc basis to determine the legal and/or financial value of one or more titles, for example when you find yourself in one of the following situations:

• Acquisition, disposal or licensing of one or more securities
• Acquisition or sale of a branch of activity or a company
• Obtaining financing or seeking investors (bank loans, grants, research tax credit, etc.)
• ...

Our multi-disciplinary team enables us to have a global and integrated approach and analysis including all the titles concerned: patents, trademarks, models, etc.