Unfortunately, it happens time and again: a product or service is brought to market without prior investigation as to whether IP rights have already been applied for by a third party for the entire product or parts of it. Consequently, a situation often arises in which a company is in the middle of its market launch phase and receives a letter from a rival company or its attorney in which the continued manufacture or sale of the product is called into question. A brief search often reveals that the corresponding IP rights have in fact already been granted.

For many, the only option is to cease production and sale of the protected (or challenged) product. Matters can become even worse if claims for damages are asserted. Because ignorance is no excuse as a defence in law! According to Section 139 of the Patent Act (PatG), companies are obliged to find out about the relevant legal position on IP rights.

It is therefore vital for every responsible company to carry out an FTO search during the development of a product idea prior to market launch.

The Patent and Trademark Centre Rhine-Main can provide you with a wide range of services: assisted searches – available to you by appointment on site or with the aid of the “Info Guides” (personal online search advisers) – as well as specific search orders.