Lawyer Patent Law

Patenting is possible for a technical invention when its mechanism solves a problem in a new way. This could include, for example, a measuring, manufacturing, or control method of a machine, system, or product.

After patenting, no third party may use this invention without the explicit consent of the patent holder. This includes repeated manufacturing, offering, import, or commercial sale within the countries where protection is sought. If this happens regardless, it’s considered patent infringement. Multiple individuals can be held accountable if they were involved in or incited the unauthorized use.

A patent infringement claim is a serious matter. However, upon receiving such a claim or injunction, it’s important to remain calm. Do not take action on your own by signing or making a payment. Also, do not contact the opposing party’s lawyer. Instead, seek out a specialist in patent law who can guide you through the upcoming steps. They will not only assess the validity of the claim and the appropriateness of the demand but may also save you from an immensely costly legal process.

If, after initial self-research, you are confident that there is a patent infringement, contact a patent attorney. They will conduct a proper legal investigation and discuss with you a strategy to enforce your patent rights.

Typically, the first steps involve issuing a cease and desist letter and a demand for cessation to the infringer. Out-of-court settlement is usually the initial goal, saving both parties a lot of money. Otherwise, the path leads toward a legal suit, where your attorney will represent you professionally. They can also assess the prospects of a lawsuit beforehand.

The profession of a patent attorney is characterized by diversity. It requires in-depth knowledge not only in legal matters but also in technical fields. For this reason, becoming a patent attorney in Switzerland is subject to strict conditions, marking the end of a long and demanding education.

Firstly, one must successfully complete a recognized engineering or natural science degree. Secondly, comes the actual patent law specialization with practical work. This typically lasts at least three years and provides comprehensive knowledge in Swiss, European, and international patent law. Consequently, a patent attorney is capable of grasping complex technology-based matters and representing you optimally.

The costs of engaging a patent attorney depend on various factors such as the type and complexity of the services provided, regional fee rates, and the experience of the attorney.

Generally, patent attorneys work on an hourly basis or charge flat fees for specific services like filing a patent application or conducting a patent examination.