Those who invest in IP rights remain competitive and innovative. But unfortunately, they also open themselves up to fraud. The German Patent and Trademark Office, the European Patent Office (EPO), the World Intellectual Property Organization (WIPO), and other authorities are currently warning of misleading offers, payment requests, and invoices, where private companies attempt to charge the addressees for the publication, registration, or extension of their IP rights as a service on top of the official fees. A deceitful attempt to cash in – which unfortunately often succeeds.
Indications of fraudulent letters
What fees actually have to be paid? And to whom? Those who know the answers will not be unsettled by such letters. Fees are incurred with the filing of an application or request, for the extension or maintenance of an IP right, or for other individual procedural steps. These fees are paid directly to the authority in question – and most importantly: without a separate payment request or invoice. No additional fees are charged for the publication of IP rights in official registers.
Indications that it is most likely a fraudulent letter include foreign bank details, a pre-filled transfer form, and the lack of an authority’s address. The German Patent and Trademark Office, the EPO, and the WIPO provide comprehensive tips on their websites on how the owners of IP rights can recognize fraudulent letters and who they can contact if they have doubts about the legitimacy of any payment requests or invoices they receive. The authorities have also compiled lists of fraudulent companies they are already aware of, including numerous senders who appear trustworthy because they have “official sounding” names.
By the way, if a law firm has been entrusted to manage an IP portfolio, it usually also takes care of the payments to the relevant authorities and other formalities. In this case, owners of IP rights can be sure that they will not be confronted with offers, invoices, or payment requests in connection with their IP rights – and if they are, it is most likely a case of fraud.
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