Patents and utility models

The powerfulness of our patent law team is based on a deep understanding of technical and economic contexts.  We can rely on many years of experience in out-of-court counseling and judicial enforcement of your claims before the specialized German courts. But we also support and represent you in and out-of-court in the case of claims against your company due to alleged infringement of intellectual property rights and develop strategies for effective defense together with you. We assist you in opposition, nullity or cancellation proceedings before the German and European Patent Offices and the Federal Patent Court as well as before the Federal Supreme Court.

We draft, review and negotiate patent license agreements or R&D contracts for you and with you as your partner, so that you can build on secure legal foundations in all areas of technology creation and transfer.

You can also rely on our expertise in the special issues of employee invention law and patent vindication. 

Well-founded legal advice is not possible without special know-how in certain industrial sectors. During our continuous representation of well-known groups, for example in the fields of telecommunications, pharmaceuticals, biotechnology, medical technology, mechanical and industrial engineering as well as automotive, we have acquired a high level of experience and obtained decisive court decisions.

Telecommunications

Digital communications and computer technology are the most patent-active technology sector in Europe in terms of the number of applications.

At KLAKA, we advise and represent leading companies from the telecommunications industry worldwide in and out-of-court, assist them in long-term licensing negotiations, and are familiar with the special legal and strategic requirements associated with defending against standard-essential patents (SEP).  For example, KLAKA was involved in the first cases decided by the German Federal Supreme Court in this area ("FRAND Objection I" and "FRAND Objection II".

Mechanical and industrial engineering / mechanics

Mechanical and industrial engineering as well as complex mechanical products are classic core competences of German industry. All partners of KLAKA's patent law team are therefore traditionally intensively involved in patent law issues and litigation in this field. Due to the strong export-related nature of this industry, we also regularly advise on cross-border issues here. Many fundamental decisions of the Federal Supreme Court have been decided by KLAKA. For example, KLAKA has played a decisive role in shaping the case law on the distinction between repair and new production ("pallet container" decisions).

Pharmaceuticals, Biotechnology and Medical Technology

In the field of patent law advice to pharmaceutical, biotechnology and medical technology companies, KLAKA is one of the leading law firms in Germany. The patent law practice enjoys a high international reputation, particularly in these industries.

The international patent disputes for which KLAKA provides forensic support often have a formative influence on the development of case law. We regularly enter new legal territory and play a role in shaping international patent law. One example is the "Simvastatin" decision of the German Federal Supreme Court (BGH), which clarified the basis of the independent act of offering. Due to the high level of specialized knowledge, leading groups from many sectors of the health care industry rely on KLAKA's advice.

Automotive

A large part of the competitive advantage of international automotive groups and their suppliers is based on innovative research and development and the resulting intellectual property.

Based on many years of experience in assisting leading automotive suppliers and litigating on behalf of leading automotive manufacturers, the patent attorneys at KLAKA have built up comprehensive specialized know-how for effective protection against misuse of intellectual property by third parties, as well as for effective defense against allegations of patent infringement.