Dr. Markus Borbach Patent Attorney in Frankfurt Germany Profile Picture

A patent attorney to suit your needs.

We accompany our clients from the simple registration of a trade mark to the granting of worldwide intellectual property rights.
Depending on the venture and the idea, commercial utilisation can be secured through various protection strategies. The different kinds of property rights offer wide-ranging possibilities. Our task is to find the right strategy for you: “As much patent attorney as necessary, as little as possible.”

“Identified weaknesses in our existing IP portfolio and developed excellent proposals for more comprehensive protection.”

Frank Freudenreich
managing Partner Nela GmbH, Remscheid, Germany

„Great concepts for covering key markets globally in a cost efficient manner, thanks Markus.”

Avi Levin, Managing Director Travel Blue Ltd, UK

“Quickly arranged consultation, rapid understanding, a provider of real added value.”

Dr. Bernhard Hanke, A-Pi-Hydrogel GmbH, Germany

“Very inexpensive protection, ideal for my appearance on “Die Höhle der Löwen”.

Victor Fischer, owner and manager, sauber.io GmbH, Bad Soden, Germany

“Has quickly developed a deep understanding of our cutting edge technology and showed us, that software can also be protected in Europe.”

Jens Jung, CEO, Link 11 GmbH, Frankfurt, Germany + 
DOSarrest Internet Security Ltd, Vancouver, Canada

Services

Sprechblasen Icon zu Patentanwalt Beratung

Consultation

Confidential initial consultation

Formular Icon zu Anmeldung von Patenten

Application

Application for and registration of patents, utility models, trade marks and designs; at the national, European and international level

Ordner Icon zu Patent Portfolio Analyse

Portfolio

Portfolio analysis and valuation, e.g. in case of restructuring, realisation after insolvency, disposal of business units, licensing, mergers, acquisitions, due diligence, etc. – in collaboration with lawyers and tax consultants

Lupe Icon zu Patent Recherchen

Research

Patent research, trade mark research (with or without corresponding applications for property rights), market observations – online, at trade fairs and in collaboration with customs regarding seizures

Puzzle Icon zu Patent Strategien

Strategies

Intellectual property (IP) strategies – suitable protection concepts

Types of property rights

In principle, there is a freedom to copy, provided that no property rights exist. Obtaining property rights does not require the creation of a groundbreaking invention or a completely new product or method. Most technical innovations involve further developments or improvements.

Protecting your own innovations, trade marks or designs simply requires a timely application for commercial property rights. The following basic principle virtually always applies: “First register, then use!” We will gladly advise you in this regard, as this overview is no substitute for a proper consultation.

Property rights are registered at the patent office. In Germany this is the German Patent and Trade Mark Office (DPMA). To extend patent protection to EU member states and other countries, additional applications must be submitted to the European Patent Office (EPO) or the respective national patent offices. We also prepare worldwide property rights applications via the World Intellectual Property Organisation (WIPO).

A property right confers an exclusive right to usage. This means that you have the right to issue cease-and-desist demands or demand the destruction of imitations as well as claim for damages.

Patents

Patents provide protection against the imitation of commercially applicable, technical inventions and thus secure a competitive advantage, govern the issuing of licences and contribute to better sales pitches.

What can be protected?
A patent can be granted for new, commercially applicable, technical inventions.

How is protection obtained?
Once the application has been submitted to the patent office, an assessment of patentability is carried out, which generally takes between 2.5 and 3 years. Please note: rights do not first arise when the patent is granted, but already from the date of the application.

Period of protection and extensions?
From the date of the application, property rights relating to patents are valid for a maximum of 20 years. From the third year, they must be extended every 12 months.

What costs arise?
The greater the scope (national, European or international), the higher the costs. A cost calculation forms part of the initial analysis.

Utility models

Besides patents, a utility model also grants protection for new and commercially applicable technical inventions. As a full-fledged but relatively inexpensive and quick-to-obtain property right, it not only offers effective protection for small everyday inventions, but also larger projects.

What can be protected?
The utility model also protects new commercially applicable, technical inventions.

How is protection obtained?
Once the application has been submitted to the patent office, no comprehensive review is carried out and the registration procedure takes 3 to 4 months on average.

Period of protection and extensions?
From the date of the application, the utility model is valid for 10 years.

What costs arise?
A cost calculation forms part of the initial analysis. The costs depend on the expenditure for the research and the nature of the invention.

Design patent

The competitive advantage of a design patent arises from the recognition of aesthetic qualities in terms of colour, shape and design and the resulting increase in market value. However, the designs must exhibit an “individual character” that is new and unique.

What can be protected?
Protection can be granted for two-dimensional representations (logos, designs) as well as products reproduced in all dimensions.

How is protection obtained?
The design is entered in the register at the patent office. There is no review of the requirements for protection, with registration taking place within 4 to 6 weeks.

Period of protection and extensions?
On average, the review period lasts between 4 weeks and 4 months. From the date of the application, the design patent is valid for 5 years and can be extended for a maximum of 25 years with the payment of the relevant fees.

What costs arise?
The greater the scope (national, European or international), the higher the costs. A cost calculation forms part of the initial analysis.

Trade marks

Trade marks provide a clear positioning on the market and can also form the basis for innovations and new products. Brand names to identify products and services as well as company names can be registered as trade marks.

What can be protected?
Usually design marks, word marks or word-design marks for a corporate identity or product. Slogans can also be protected as trade marks.

How is protection obtained?
The trade mark is entered in the trade mark register at the patent office. A partial review is carried out regarding the protectability of the trade mark and the registration procedure takes a few weeks or months.

Period of protection and extensions?
From the date of the application, a trade mark is valid for 10 years and can be extended every 10 years. The period of protection can be extended as often as required.

What costs arise?
Trade mark applications are not extensive and can often be prepared at a low cost. It is important to invest in solid research in order not to infringe the trade mark rights of third parties. The greater the scope of your trade mark application (national, European or international), the higher the costs. A cost calculation forms part of the initial analysis.

Contact

In person or digitally. Our office is located in the heart of Frankfurt. Alternatively, meetings via Teams or Zoom and on-site visits to you are also possible.

Dr. Borbach Patentanwaltsgesellschaft mbH
Corneliusstr. 18
60325 Frankfurt
Germany
Tel.: +49 69 / 716 751 75
E-Mail: anfrage@borbach.eu