We are competent in the field of Patents, Trademarks and Designs and we develop appropriate IP-Strategies for the needs of our clients. To enable our clients to achieve their goals in an effective and efficient manner, we pursue a thorough analysis in each case, we propose proactive solutions which we communicate in a concise manner.

3D trademark for square chocolate package (BGH I ZB 105/16)

A shape of a good can be protected as a trademark if the average consumer perceives it as a distinctive sign of a business. However, if the shape of the good is directed to an essential property of the goods, it is excluded from trademark protection because of § 3 para. 2 German Trademark Law. Is it now possible to protect a hose-type packaging of a square chocolate, or is this an unfair monopoly of an essential property of the chocolate mold? [more]


USA: Showing of lack of written description requirement (Amgen v. Sanofi – CAFC)

Wide claims must be supported by a representative number of examples. The person skilled in the art should be able to carry out the invention on the priority date. Evidence to prove whether or not the person skilled in the art was able to carry out the invention in view of the state of the art must lie before the priority date. A court of first instance in the US had rejected post-priority evidence as a matter of principle. The Court of appeals ruled more differentiated. [more]


Germany: Delimitation between exhaustion and re-production (FCJ X ZR 55/16 – Drum Unit)

If the patent proprietor has put his patented product on the market, he cannot use his patent again to prevent the buyer from having this legitimately acquired product repaired by third parties or from reselling it to third parties. This is the legal principle of exhaustion. But what happens if the patent refers to only part of the product? Can a third party renew the product for resale? [more]


Your Objectives

Do you have an innovative project that has a competitive edge? Do you want to develop and protect your branding? Are you looking for advanced strategies in using industrial property rights? Or do you have to defend yourself against an alleged infringement?

Our Services

We asses the protectability of inventions, trademarks and designs, we analyse infringement risks. We draw up comprehensive patent applications and propose filing strategies that are effective but still affordable. We govern examination and registration proceedings with the assistance of our international network of excellent Patent attorneys. read more...

Our Profile

Patent and Trademark law require a high degree of specialisation. Our 8 patent attorneys have university degrees in Physics, Electrical Engineering, Chemistry, Biochemistry and Mathematics and cover a wide spread field of technical expertise. We have a long standing experience in all questions relating to patent, trademark and design rights. Our two full-fledged offices in Bern and Winterthur/Zurich enable us to serve you at your preferred location, offering all type of professional and administrative support.

 » Profile