Protecting SEPs: COHAUSZ & FLORACK

“I love following and helping to shape technological leaps. Innovative companies often make great leaps themselves – I am happy to advise and support them in this process.”

Dr. Fabian Vogelbruch, patent attorney and partner at COHAUSZ & FLORACK

What is the best protection for your essential technologies?

Essential technologies – in other words those without which other companies would have no access to the market – can be protected using standard essential patents (SEPs). Holders of SEPs with a dominant market position are obliged to license them in return for fair, reasonable, and non-discriminatory fees (FRAND terms). We, the COHAUSZ & FLORACK partners, are here to support you!

Complex and effective: applying for standard essential patents (SEPs)

Standard essential patents (SEPs) protect complex technologies that are essential for the market. Applying for SEPs is a complex matter: for example, it is important to consider how the patent affects the overall standard system. Potential deviations from the standard should also be covered in the application. At COHAUSZ & FLORACK, advice on SEPs and all the special features typical of the market is, of course, a partnership thing.

Patent infringement cases relating to standard essential patents (SEPs) follow a specific procedure: before a competitor can be sued for patent infringement, you as the SEP holder must make them an offer on fair, reasonable, and non-discriminatory terms (FRAND terms). If the competitor rejects this offer and the patent is demonstrably infringed, you can seek injunctive relief. At the same time, an invalidity action can be filed to challenge the validity of the opposing patent.

We are happy to represent you and support you in enforcing your rights.

Whether in the granting process (prosecution) or infringements (litigation): with our profound expertise, exceptionally high standards, and many years of experience in all areas of intellectual property law, we, the COHAUSZ & FLORACK partners, are committed to our clients’ interests. And we would be delighted to add your name to our client list!