Patents

 

Prosecution

Mitscherlich & Partner drafts and prosecutes patent applications in all technical and chemical fields both in German as well as in English. About half of the annually filed patent applications are drafted on the basis of inventions from domestic (German and European) clients, the other half are Paris Convention applications received from non-European clients.
We see the edge of Mitscherlich & Partner in the flexibility of the service. A start-up company being backed-up by a very low number of patents naturally asks for a different prosecution and litigation strategy than a global player filing more than 200 patent applications per year. Due to its structure and the flexibility resulting there from,  Mitscherlich & Partner is able to fulfil the needs of all kinds of clients. The flexibility of the service is for example well reflected in that we can offer different billing policies, such as flat-fee arrangements for drafting and filing or even the entire prosecution procedure, or hourly billing broken down in the hours of the responsible partner, the assisting attorneys and the paralegals.

Litigation/Oppositon

Mitscherlich & Partner's philosophy is to be a long-term partner in order to bring the clients into an optimum IP position in a competitive environment. Therefore litigation will be initiated if it meets the overall goals of the business and legal environment of the client. Mitscherlich & Partner consists of a mix of experienced patent attorneys and litigation lawyers thus offering litigation expertise and service in one hand. Within these litigation proceedings, Mitscherlich & Partner gained experience in more than 300 European patent opposition proceedings. Once Mitscherlich & Partner represents a client in a patent litigation, a team is set up consisting of an attorney-at-law, a patent attorney and a technical expert designed for the specific case.

   

Trademarks and Designs

 

Prosecution

Mitscherlich & Partner is amongst the ten largest German trademark prosecution firms serving clients from all over the world in trademark protection for Germany, the European Union and outside Europe. Our network of specialised and skilled associates all over the world guarantees our local and foreign clients the best quality for world-wide trademark protection for a reasonable price.

Enforcement:
Litigation and EU-wide Custom Seizure

The trademark department of Mitscherlich & Partner consists of attorneys-at-law and a group of paralegals specialised on trademark filing and the handling of assignments of trademarks. The trademark department does not only focus on the simple prosecution of trademark applications, but on serving clients to enforce their rights, especially within the customs seizure proceedings in Germany and the European Union and in litigation proceedings before the Regional Court in Munich and all other courts in Germany.

Watch of 3rd Party Portfolios

On request of our clients, Mitscherlich & Partner also watches the publication of potentially similar trademarks of competitors. A significate part of our work is the detailed counselling for clients as to which trademark can be used in commerce. We conduct availability searches for older trademarks covering the territory of Germany including a search for older company names and older domain names, since all these rights can be an obstacle against a trademark use under German law. It is our philosophy not to search in the trademark registers, since there is only a small portion of potential problems to be found, when starting use of a trademark.

Design

Mitscherlich & Partner also focuses on the filing and prosecution of design patent applications in Germany and in the European Union (community design patent application). We also provide counselling work for copyright and all other laws connected to intellectual property rights including the unfair competition law. We also enforce EU Community Designs via EU-wide custom seizures.

 

Counseling

 

 

Counseling

Mitscherlich & Partner is a combined office consisting of patent attorneys on the one hand and attorneys-at-law on the other hand. This conduces Mitscherlich & Partner to serve clients in the field of intellectual property. The attorneys-at-law of Mitscherlich & Partner are all skilled in the wide range of potential counselling in the field of intellectual property including evaluating and drafting licence agreements, distribution agreements and all other kinds of agreements.