How do I protect my product from imitations?

A patent is an industrial property right that prohibits others from using a certain invention. A patent is a very technical property right that protects objects or processes. Even though it usually takes a lot of effort to obtain a patent, it is still very helpful and valuable. This is because a patent protects a product or process from unwanted imitation. Before a product or process is patented, it must undergo a legally prescribed examination procedure in which it is examined whether it really is a new invention and whether it is feasible and commercially applicable. In Germany, a patent is valid for exactly 20 years from the day after the application is filed, with exceptions for pharmaceuticals and pesticides.

A patent registered in Germany is generally only valid in Germany, but it is also possible to extend the patent to other countries or even worldwide. If a patent is to be valid exclusively in Germany and a few other countries, then individual assignments can be very useful. This option is particularly suitable for EU countries. If broader patent protection is required for the product, a European or international patent can also be applied for. A European patent must be applied for at the European Patent Office and is valid for the 38 contracting states of the European Patent Convention (EPC). However, it does not apply uniformly in every country, but is divided into individual national property rights. You can choose in which states of the EPC the patent should be valid. An international patent requires an application in accordance with the Patent Cooperation Treaty, whereby several applications are made simultaneously, which are then divided into individual national grant procedures. At the moment, 154 states belong to this procedure, in which the respective national fees apply.

Another property right is the utility model, which is considered the fastest of the property rights in Germany. This is because a patent application usually takes several years and a utility model can be entered in the register after just a few weeks. And yet it offers the same protection: only you can use your invention within Germany. One disadvantage compared to a patent, however, is that there is no European or even international utility model, as this property right does not exist at all in many countries. If the protection of a product is not about the function but about the appearance, it is possible to protect a specific design. If these protective rights do not go far enough, an official trademark can also be registered. In this case, all goods and services are counted as part of the company's intellectual property and are therefore protected. Trademarks can be protected throughout Germany, Europe and internationally.

When procuring products from China, it can be very useful to have a patent or other intellectual property right, as otherwise unwanted imitations may be produced and sold on the Chinese market.