We do

IP STRATEGY

We develop and implement IP strategies tailored to the business needs of our clients. With Martin Herzog’s background in business consultancy, several patent strategy tools have been developed and widely used for the benefit of our clients. One of these is for Boosting Innovation employing cutting edge big-data based patent analysis. This tool was developed jointly with ip-search of the Swiss Federal Institute of Intellectual Property.

DRAFTING, FILING & PROSECUTION

An in-depth knowledge of your technology and business is vital for your IP rights, such as trademarks, designs and in particular your patent applications and patents. Therefore, consider us a part of your in-house team when successfully implementing your business und IP strategy with us.

We cover all stages, including invention harvesting, drafting, filing with the German Patent and Trademark Office (GPTO) as well as with the European Patent Office (EPO), and administering and prosecuting your patent portfolio in close contact with you. We navigate you through the patent process and will always give you our advice for how best to proceed in terms of costs and quality.

Obtaining IP rights around the globe requires a worldwide network of the right associates. We acknowledge the fact that providing IP protection is an expensive endeavor, but through responsible case management, many costs can be avoided or minimized without compromising quality. We cooperate closely with a wide range of foreign patent attorneys, with whom we have worked for many years and thus know to offer high quality at reasonable cost.

OPPOSITIONS, INVALIDATIONS & APPEALS

These procedures are very complex and require specialized advice and strategy built on many years of experience.

We have a proven track record in oral proceedings, and our patent attorneys are among the most experienced in opposition proceedings before the European Patent Office (EPO), the German Patent and Trademark Office (GPTO) and the Federal Patent Court (FPC).

Post-grant proceedings are one of our top specialties. Particularly, Ansgar Hakvoort and Martin Herzog, with more than 100 cases, have tremendous experience in these proceedings.

LITIGATION

As Dusseldorf is the hub for patent litigation in Germany and perhaps in Europe, we advise in close cooperation with leading IP lawyers in German companies on technical and patent law issues in court cases, such as preliminary injunction cases, injunction proceedings and infringement proceedings.

Our team and in particular Ansgar Hakvoort and Martin Herzog with their LL.M. in European intellectual property law have the skills as well as about two decades of experience in patent litigation cases in Germany often with cross-border implications.

UPC

Herzog IP regards the Unified European Patent Court (UPC) as a quantum leap in Europe-wide enforcement of Unitary Patents in patent litigation. Through lectures at CEIPI (Centre d’Etudes Internationales de la Propriété Intellectuelle, Université de Strasbourg), for the DESU in Patent Litigation in Europe from CEIPI Martin Herzog tries to make a small contribution to the success of the UPC. With Ansgar Hakvoort and Martin Herzog as LL.M. in European Intellectual Property of FernUniversität Hagen and Ingo Neuner and Martin Herzog with a DESU in Patent Litigation in Europe from CEIPI, the patent attorneys of our firm are particularly qualified for the UPC.

OPINIONS

We draft legal opinions on patent and other IP law issues. We enable business activities of our clients starting from big-data-tool based positioning via color-code opinions and ending with complex freedom to operate (FTO) opinion work. We furthermore support M&A matters with IP due diligences with our IP skills and experience.

SPC

Because of our strong pharma background we are highly experienced in filing and prosecuting SPC applications in Germany. Our activities also pertain to cases under the REGULATION (EC) No 469/2009 on SPC as well as REGULATION (EC) No 141/2000 on orphan medicinal products in opposition and appeals before the Federal Patent Court (FPC) including applications for preliminary rulings for the European Court of Justice (ECJ).

IP ADMINISTRATION

Precision, routine and efficiency in IP and patent administration is fundamental for a well managed high quality IP portfolio. Our highly trained and experienced paralegal team dedicates more than 80 years of combined experience to the benefit of our clients’ IP portfolios.

We handle all aspects of patent, trademark and design formalities related to prosecution while offering a variety of other IP administration services. We can assist you on-site or provide you with remote support. Our services can be utilized on a temporary basis to help you through demanding times such as integration of large acquired IP portfolios while preserving the quality of your IP administration.

You can also profit from our extensive experience if you are setting up an in-house patent department and need advice on establishing procedures and processes, or would just like to audit your current procedures and receive recommendations on improvements.

AGREEMENTS

Licence and research and development agreements and other technology related contracts play an important role in technology driven enterprises. They often form the core of critical projects, whether in research and development cooperations, or in issues involving IP such as copyright, design, trademark and patent law. Moreover, it is becoming increasingly important to safeguard know-how through IP licensing and other means to protect both proprietary intellectual property and the option to utilize the know-how or intellectual property rights of third parties.

In close cooperation with commercial lawyers, our patent attorneys assist clients in preparing, reviewing, optimizing and negotiating licence agreements or other contracts involving intellectual property licensing, such as cooperation agreements, intellectual property purchase agreements and research and development agreements. This holds also for M&A projects.

EMPLOYEE INVENTION LAW

With their background as in-house patent councils in major corporations, Ingo Neuner and Martin Herzog have plenty of experience in German employee invention law and in particular incentive and remuneration systems and arbitration board proceedings.