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Ask a lawyer on the topic of Patent law

How can I find out if a similar invention has already been patented?

Dear Patent Attorney,

My name is Paula Hoffmann and I am currently working on an invention that I would like to patent. However, I am unsure if a similar invention has already been patented by someone else. I want to ensure that my idea is unique and does not infringe on existing patents.

I have already done some research on the internet, but I am not sure if my research was sufficient to find all relevant information. I would like to know from you what steps I can take to find out if my invention has already been patented. Are there specific databases or agencies that I can contact to check this?

Furthermore, I am concerned that my invention could potentially be copied or stolen by others if I do not adequately protect it. What measures can I take to best protect my idea and avoid potential legal disputes?

Thank you in advance for your help and support with this important matter. I look forward to hearing from you and to a successful collaboration.

Sincerely,
Paula Hoffmann

Günther Schenkenberg

Dear Ms. Hoffmann,

Thank you for your inquiry regarding the patenting of your invention. I understand your concerns and would like to help you protect your idea to the best of my abilities.

First and foremost, it is important that you conduct a comprehensive search to determine if your invention has already been patented by someone else. In addition to conducting research online, there are specialized databases where you can search for existing patents. One important database is the German Patent and Trademark Office (DPMA), where you can search for German patents. If you are aiming for international patent protection, you should also research at the European Patent Office (EPO) or the World Intellectual Property Organization (WIPO).

It is advisable to conduct a so-called "prior art search" to ensure that your invention is new and inventive. This search can be conducted by the DPMA or specialized research agencies. Based on this research, you can then decide whether it makes sense to file a patent for your invention.

To protect your idea to the fullest extent and avoid potential legal disputes, I recommend filing a patent for your invention. With a patent, you will have the exclusive right to use, sell, or distribute your invention. This can prevent third parties from using your invention without your consent.

Furthermore, you should consider taking additional protective measures, such as keeping your idea confidential through a Non-Disclosure Agreement (NDA) when discussing with potential business partners or investors.

I hope this information is helpful to you and I am available for any further questions you may have. I look forward to assisting you in patenting your invention.

Sincerely,

Günther Schenkenberg
Patent Attorney

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Günther Schenkenberg