What is protectable at all?
Pioneering innovations can be the key to a strong corporate future. In order to benefit from innovations in the long term, it is worth investing time and effort in the right property rights for an innovation, product or idea. This not only gives you a decisive advantage over the competition, but also gives you the chance to use your innovations as a unique selling point for your business.
Where do I start?
However, in order to derive economic benefit from your patent, one important step is required: having a feel for the protectability of your product or idea.
At the latest then the questions arise: What is actually protectable? And which of my ideas are really worth protecting?
The right property right thus becomes a strategic tool instead of merely a formal fulfillment of duty.
We explain what is actually protectable and how you can recognize the protectability of your product or idea.
New idea, new patent?
New ideas are born every day in workshops, offices, agencies and conference rooms. But these do not always lead to a product worthy of protection. Because new does not always mean patentable. There are many different aspects that need to be taken into account to decide whether your product or idea is patentable. The practical benefit for your customers or a lively interest in your idea are not the only factors that make it worthwhile to apply for a patent.
In the technical field, for example, a technical solution is required for a technical problem. A mere idea, new software or a simple method alone is not enough.
In the case of designs, it is the external shape that matters, such as a certain type or shape of packaging or the housing of a device.
With trademarks, the primary focus is on distinctiveness on the market.
New, practical or exciting does not guarantee you protection for a property right.
Protection starts with knowing what can be protected.
Typical errors within a company and a lack of awareness among all employees can also lead to protection being either misjudged or not recognized at all. Assumptions that we often hear from our clients are:
“We developed the product ourselves, so the idea belongs to us.”
“A brand name that describes our product in the best possible way, so that it is immediately recognizable in its function, is perfect as a brand name.”
“As long as no one else copies our idea or our product, we can save ourselves the time and effort of filing a patent.”
Our conclusion: Many companies have many good and unique ideas, but are often unable to assess IP rights adequately due to a lack of knowledge and incorrect assessment.
We have listed a few examples here to illustrate how worthy various ideas are of protection:
Have you devised a simple Excel tool for internal project planning?
Really practical for you and your work, but unfortunately not immediately a protectable product from a legal point of view. The situation is different with special packaging formats or folding techniques: Depending on which new aspects characterize your packaging (sustainability through material savings thanks to a special folding technique), a property right may be possible here.
You also need to be careful with brand names: a product name such as Schraubfest for a new type of screw or a product that helps you to screw may already be too descriptive and therefore not registrable as a brand name.
To summarize: The protectability depends not only on your idea, but also on its legal classification.
One intention, so many possibilities.
It is also important to differentiate between the various possibilities of property rights. While patents reliably protect technical inventions, they are usually particularly complex, time-consuming and cost-intensive. Utility models are an alternative, although not in all countries. Utility model protection is often quicker and cheaper to obtain, but compared to patent protection, it is only an unexamined property right. With a design, the appearance of a product can only be protected for you. Registered trademarks are particularly advantageous when it comes to protecting a name, slogan or corresponding claim. Protection is particularly worthwhile here, as the trademark is a valuable and fundamental part of the corporate identity.
It's not easy to find your way around. But with the right strategy and the experts at your side, you too can find the right IP right for your ideas and products. Our motto in consulting is above all to keep an eye on the most sensible IP right, taking into account your business model, your competitors and your target markets.
Are you looking for the right IP right and a partner who thinks beyond the mere application?
Then get in touch with us today and together we can turn your property rights into an economic benefit for your company.