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A technical IP warning can directly affect manufacturing, imports and sales. Technical claim analysis and the legal defence must work together.

What we examine

  • Check the right, its status, territorial effect and asserted claims.
  • Compare each patent or utility model claim feature with the accused product or process.
  • Coordinate the infringement defence with any challenge to validity.

Key legal considerations

German utility models are registered without a full examination of substantive validity. Patent litigation may fall within national courts or, where applicable, the Unified Patent Court. Jurisdiction and any opt-out must be clarified before selecting a procedure.

Illustrative practical example

A machinery manufacturer receives a warning about a control component. Circuit diagrams, operating sequences and a feature-by-feature comparison may be necessary alongside a technical description.

Documents for the review

Patent number, asserted claims, technical drawings, samples, supply chains, sales territories and known prior publications.

Advice and next steps

horak. advises businesses, self-employed professionals and organisations on defending and enforcing claims. We discuss the facts, options, deadlines and fee basis with you. Our head office is in Hannover and we advise clients throughout Germany.

First steps · Undertakings · Court proceedings

Legal source: Official legislation. The assessment depends on the individual case.

Related guidance

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