Coffee Machine
A medium-sized company has been working on a new coffee machine for some time. During development, it turns out that the machine can drastically reduce energy consumption thanks to a new type of heating coil. This detail was not part of the original idea, but it significantly improves the competitiveness of the product and could set it apart from all previous devices on the market.
Question: What should the company do now to secure this improvement legally and economically?
Implant for Joints
A medical technology start-up is developing an implant for joints. During their research, the engineers accidentally discover a new material that significantly increases the durability of the implant, giving it a decisive advantage over existing solutions. The material was not considered at the beginning of the project planning, but now opens up completely new perspectives for market launch and positioning against competitors.
Question: What steps should the start-up take now to be able to exploit this advantage exclusively?
E-Bike
A team of developers is working on a new e-bike that is to feature particularly efficient control electronics. During internal testing, it becomes apparent that a small adjustment in the circuitry suddenly enables additional functions that no one had previously considered—such as intelligent adjustment of motor power to the terrain. This unexpected effect could make a real difference in the market, but was not part of the original idea.
Question: Can this work? If so, how?
Kitchen Appliance
A kitchen appliance manufacturer launches a new model. Shortly after the launch, the company receives numerous comments from customers who would like to see an additional feature. A team of developers implements this suggestion and develops a technical solution that significantly improves the appliance. This new version clearly stands out from the competition and could replace the standard version in the long term.
Question: What action is advisable here to protect the improvement and maintain a competitive advantage?
heart disease
A large pharmaceutical company is testing a new drug that was originally developed to treat heart disease. However, clinical trials reveal a completely unexpected but useful side effect that makes the drug attractive for a completely different application. This new effect could open up a billion-dollar market, but was never part of the original research and development.
Question: Can the pharmaceutical company turn this serendipitous discovery into a sustainable advantage? If so, how?
End of Protection
A medium-sized medical technology company filed a patent for a special implant in the 1990s. For over two decades, this intellectual property right was the cornerstone of the company's market success, as no competitor was allowed to use the protected technology without a license. In 2020, the maximum protection period of 20 years expired. The company recognized that there was still demand for the implant technology and considered “reapplying” for the patent to extend its protection.
Question: Can this work? If so, how?
3D-Printer
A manufacturer of 3D printers is warned by a competitor for alleged patent infringement. However, the defendant discovers that the print nozzle claimed in the patent was presented at a sales event many years earlier.
Question: Can the defendant defend himself against the accusation of patent infringement? If so, how?
cutting system
A mechanical engineer owns a patent on a special cutting system. Since he hardly uses it anymore, he decides not to pay the upcoming annual fee and to let the patent expire. Three months after the annual fee was due, however, he discovers that a competitor is using exactly this cutting system in its products.
Question: Is this still possible? If so, how? What are the implications of this situation from the competitor's point of view?
Packaging Films
A chemical startup develops an internal process for manufacturing biodegradable packaging films. This involves the use of a special catalyst that makes the production process significantly more efficient. Initially, the founding team decides to keep the technology secret in order to ward off imitators. After a few months, however, a patent application is filed to provide legal protection. The examination process drags on for over two years, and in the end, the patent is abandoned for financial reasons. When more money becomes available two years later, the startup considers resubmitting the invention for patenting with some further developments.
Question: Is this possible, and if so, how?
Sensor Technology
A medium-sized technology company develops a new type of sensor technology for smart household appliances. As the team is unsure whether the idea is actually patentable, it does not want to file an application with the patent office at first. Instead, the company decides to deposit the documents relating to the invention with a notary. The aim is to be able to prove that the invention already existed at that point in time in case of any disputes about authorship later on. When economic success arrives five years later and competitors also begin to adopt the invention, the company would like to have patent protection.
Question: Is this possible, and if so, how?