1. Avoid patent infringements:
Why the topic is also important for SMEs

“We just wanted to develop a new nozzle.”

Many stories sound like this or something similar when small and medium-sized enterprises (SMEs) are suddenly confronted with the accusation of patent infringement .
The product was innovative, the developers were motivated, the market launch was within reach – but then a letter fluttered into the house.
Warning. Omission. License Demand. In the worst case, even a sales stop.

“But we developed it ourselves!” – Why that’s often not enough

Many SMEs assume that it is sufficient if an idea has been developed by themselves .
However, patent law does not protect who thinks something first, but who applies for it first.
And this protection has a negative effect: it prohibits third parties from using it – even if they come to the same solution independently.

This is precisely why the topic of patent infringement is not only relevant for corporations.
SMEs, start-ups and specialised niche providers can also be affected – because they:

• operate in highly specialized markets,

• are considered suppliers of innovative components ,

• or simply want to keep up with the competition.

No reason to panic – but for clarity

The good news is that patent infringements can be avoided in many cases.
And without having to become a patent attorney right away.
What is needed are a few clear principles of thought, some systemic awareness – and the courage to address the topic in the team at an early stage.

This guide is for you if you:

• make decisions in development, purchasing or management ,

• work with innovation but have had little contact with intellectual property rights,

• or simply want to avoid getting into a legal gray area.

You will get an overview that is practical, understandable and immediately applicable .
No forest of paragraphs – but orientation in everyday life.

2. What is patent infringement – simply explained

When we talk about patent infringement , it quickly sounds like law, court and million-dollar lawsuits.
But at its core, it is about something very concrete: someone uses a technical solution for which someone else has an exclusive right – the patent.

Patents are like invisible fences

A patent is a prohibition right.
It does not allow the owner to produce himself – but it does allow him to prohibit others from using the protected invention without permission.
And this is true even if the other has developed the same idea independently .

This means:
Even those who work honestly and think innovatively can accidentally commit a patent infringement.
Not because he copied something – but because the legal rules of the game were not observed.

What exactly must not be violated?

It is not “the idea” itself that is specifically protected, but the technical design as described in the patent claims . These are the sections in the patent that determine exactly what is protected – and what is not. It is also called the “protection area“.

This leads to two important points for SMEs:

1. It is not enough to read the title page of a patent.

2. It is not enough to read the introduction and come to the conclusion “But we are doing something completely different”, “We have a completely different goal” or “We are using it for something completely different”.

3. And it is also not enough to change the product slightly – if all the points of the patent claim are still met.

Patent infringements often happen unintentionally

Many companies infringe patents without knowing it.
Typical cases are:

• Development of a new component, an improvement or a process without checking whether there are patents that protect exactly that.

• Purchase of assemblies or software without testing,

• Adoption of technical standards that are protected by patents,

• or reverse engineering competing products where parts are protected.

In all these cases, a company can unintentionally slip into a patent infringement – and will be held liable for it, even if there was no bad intention.

3. Avoid patent infringements – what you can do specifically

The good news first:
You don’t have to be patent law experts to effectively avoid patent infringements in the company.
What is needed is a clear view of typical risk points – and a few simple measures that fit well into your everyday life.

Think about patents from the beginning – not just at the end

Patent infringements often occur because technology and law run side by side.
That’s why the most important step is to ask the right questions early on – preferably already in the concept phase.

Here are a few guiding questions that can help you:

• What exactly are we doing here technically – and is it perhaps already protected?

• What function is at the core of our innovation?

• Is this a solution that others could have come up with – and that someone has protected?

• Where do the components we use come from – are they patent-free?

• Who in our company has experience with such questions – or knows someone who can help?

These questions alone give you a better sense of risks – without having to delve deep into patent law.

Build yourself a simple IP radar

You don’t need your own patent department to establish an early warning system.
The only important thing is that IP (Intellectual Property) must not remain invisible.
A few ideas on how to do it:

• Designates a person responsible for IP issues – as a point of contact

• Use short IP checks during product development – e.g. as a question in the project form or simple checklists or approval fields as a reminder

• Bring in an external expert at an early stage for new technologies

In this way, IP becomes an integral part of your innovation processes – not an additional bureaucratic monster.

When working with external parties, pay attention to clear agreements

A common trigger for patent infringement is cooperation with:

• suppliers,

• freelancers,

• or external development offices.

Address the topic of patents openly – not only in the event of a dispute.
In contracts and briefings, you should clearly regulate:

• Who is liable if a solution infringes patents?

• Who checks whether the technologies used can be used freely?

• Who owns the rights when something new is created together?

If there is clarity here, you will avoid many typical pitfalls.

Start small – effect follows

You don’t have to turn everything upside down right away.
A first small step can be:

• an IP check in a new project,

• a short conversation with a patent attorney,

• or a mini-training with the team: “How do you actually recognize a patent?”

The goal is not perfection, but attention.
And those who identify risks early on can deal with them confidently – without hectic and without panic.

4. Patent search: How to find out if your idea is already protected

Before you invest a lot of time and money in a technical development, it’s worth doing a quick reality check:
Does your idea already have a patent?
This question is crucial – and the good news is: You can answer it yourself.

Patent search is not rocket science

Many believe that a patent search is something for specialists with expensive software and years of experience.
That’s not true.
With a little practice, you can do your own initial research – free of charge and quite reliably.

There are two central tools for this:

1. DEPATISnet – the patent register of the German Patent and Trade Mark Office

2. Espacenet – the European Patent Office’s international database

Both are accessible free of charge and offer a good start. I like to recommend Espacenet, because the database including the search mask is better structured and offers more possibilities. In addition, the European Patent Office has integrated patents from many major patent offices, so that the search is not limited to European patents. DEPATISnet can be used well for searches for purely German patents.

What exactly should you be looking for?

Focus on what really makes your technical solution special:

• What problem does it solve?

• What is the central technical idea?

• Which technical terms describe them best?

Then you search specifically for these terms.

An example:
If you have developed a new type of connection mechanism, look for terms such as “coupling”, “locking system”, “connection mechanism” – combined with your field of application.

What you can learn from the hits

You don’t have to legally penetrate patent claims.
Instead, look at these three things:

1. Title and summary – What is the content about? Does this sound similar to your idea?

2. Applicants and inventors – who is behind it? Is it a competitor?

3. Legal status – Is the patent still in force, expired or has it been withdrawn?

This will give you a first feeling for whether your idea is really new and freely usable – or whether there are risks.

When is it enough to do your own research – and when not?

Simple research is a very good start, especially for smaller development projects or preliminary considerations.
However, it does not always replace in-depth testing by professionals – especially not if:

• the project requires a major investment,

• the product is ready for series production,

• or a legally reliable result is needed (e.g. in the case of investors or licensing issues).

Then a freedom-to-operate analysis (FTO) by a specialized team is worthwhile.

5. What to do if you receive a warning letter for patent infringement?

As much as you want to avoid it – it can still happen:
A warning lands on the table. The accusation: patent infringement.
Now it is important that you remain objective, do not make hasty decisions and take the right steps .

Keep calm – don’t ignore it, don’t panic

A patent warning is not a guilty verdict, but a legal means by which a patent owner wants to assert his rights.
You don’t have to sign right now, you don’t have to promise anything hastily – but you can’t just ignore the matter either.

Because: If you don’t react, you risk injunctions or legal proceedings.
That’s why it’s important to keep a cool head – and proceed in a structured way.

The 5 first steps when you get a warning

1. Have a warning checked – professionally
   Pass the letter on to a patent attorney immediately.
   It is not only about the tone of the letter, but above all about whether the alleged violation exists at all.

2. Document product and development
   Record how you came to your solution. Are there drawings, e-mails, test reports? This can help clarify your position.

3. Don’t react hastily
   Not issuing cease-and-desist declarations without consulting a lawyer, not making any changes to the product – this can be legally disadvantageous.
   

4. Analyze technical details
   Is your product really protected by the patent?
   Sometimes the solution is technically similar – but legally uncritical.

5. Check options
   Maybe a license is possible, maybe the product can be adapted, or the patent is no longer legally binding.
   Good advice shows you the room for manoeuvre.

What you can learn from a warning

Even if it is unpleasant: A warning can be a valuable wake-up call.
Many companies are using this moment to question their processes:

• Do we have a structured patent risk analysis?

• How well are our suppliers protected?

• Who is responsible for patents in our project?

It is worthwhile not only to “put out the fire” here, but to become more forward-looking in the long term.

6. Strengthen IP awareness in the company

– with simple means

Many patent infringements do not occur because someone acts carelessly or negligently.
But because the issue of patent protection is simply not taken into account.
It is not part of the routines, not part of the language – and often not part of the culture of responsibility.

Therefore, the central question is:
How can you ensure that patents become visible, understandable and discussable in the team – without training overkill?

Technical understanding is there – turns it into IP competence

Technical know-how is particularly high in development and production teams.
What is often lacking is not knowledge, but the impulse to legally classify this knowledge.

Therefore, it is worthwhile:

• a common look at real patents that are close to your own products

• the reading and understanding of patent claims – not legally, but technically

• the exchange of questions such as:
  – “What could be protected by it?”
  – “What am I not allowed to copy about it?”
  – “How would I get around that?”

This raises awareness – and activates the team.

IP knowledge: Someone should be able to do it – it’s better if everyone understands it

In every company, there should be at least one person who has actively dealt with the topic of patents – for example, through targeted training or further education.
This person can take on a kind of “memory role” :
It ensures that patents are taken into account in projects, asks questions, provides impetus – without blocking the process.

It is even more effective if all developers have a solid basic knowledge .
This is because it is often the developer himself who first realises that a solution is “close to the patent”.
If he or she then knows what that means and where you can look or ask, real self-efficacy develops in the team.

IP doesn’t need a flood of PowerPoint – just a place in everyday life

Instead of large, constant training, small, targeted measures often have a long-term effect:

• IP Question of the Month on the Whiteboard or in Project Meeting

• Mini-case studies from the industry (with a short aha effect)

• Short video impulses or one-pagers with typical errors

• Open rounds in which questions can be asked – without evaluation

This creates an environment in which IP does not “come from the outside”, but becomes part of one’s own thinking.

Responsibility instead of control

IP awareness works well when it is not confused with control.
It’s not about looking for mistakes – it’s about strengthening the ability to act.

For example, ask yourself the following questions as a team:

• Would we have developed this function without looking at intellectual property rights?

• Would we decide differently if we knew more about patents?

• Where do we see blind spots today – in the market, in technology, in our processes?

IP knowledge does not mean knowing everything – but being able to ask the right questions.

7. Conclusion: Prevention is easier than you think

At first glance, patent infringements seem like a special topic – technical, legal, complicated.
But on closer inspection, it’s about something very practical:
How do you ensure that your innovation work does not accidentally come into conflict?

Most injuries do not happen on purpose, but because of blind spots:

• Because no one knew that there was already a patent.

• Because no one asked whether the purchased module was legally clean.

• Because no one was responsible.

And that’s exactly where the lever lies:
If you clearly distribute responsibility, build a basic understanding of patents and weave simple checks into your processes, you can avoid most risks – before they arise.

The three most important principles to take away:

1. Thinking along instead of thinking
   → Think about patents at an early stage – not just at the product launch.

2. Questions instead of silence
   → Better to ask too many questions than to research too little.

3. Responsibility instead of control
   → Creates a culture where IP is seen as part of good development work – not as outside bureaucracy.

Encouragement at the end

You don’t have to be patent lawyers.
But if you want to continue to work innovatively as an SME, then a confident handling of intellectual property rights is simply part of it.

Start small. Choose an entry that suits you.
And make patents a part of your thinking and working culture.
Not as an obstacle – but as a playing field with clear rules.

This article is about how IP can become visible across the company.
About food for thought. About my experiences. And about a holistic view of the topic.

I mainly focus on patents because they (often) affect the largest target group in the company and because (often) the most money is spent on patents. I could have narrowed it down more and called it “Patent Awareness” – but these terms are not so common. Ultimately, however, many of the things I am talking about can also be transferred to other intellectual property rights. Because: IP of course affects even more than patents, e.g. trademarks and designs, plant variety protection, semiconductor protection, copyright, trade secrets, geographical indications of origin, etc.

How a lack of awareness destroys IP value

“Patents? The patent department does it for us.”
A harmless sentence. And an expensive mistake.

As long as IP (Intellectual Property) is considered a niche topic, many things remain invisible:
– Risks that are not recognized.
– Technical ideas that get lost in day-to-day business.
– Knowledge about IP that is not shared.

Often this is exactly what happens:
Many ideas disappear in a drawer – they don’t even reach the patent department.
Others are shown externally before anyone has recognized their protection value.
And when people ask later: “Have we registered something?” – it’s usually too late.

IP awareness does not mean that all employees can declare patents.

It means: IP is taken into account. In everyday life. 𝐈𝐧 𝐌𝐞𝐞𝐭𝐢𝐧𝐠𝐬. In decisions.

This is where valuecreationbegins.

Or it fails to materialize – even though the conditions would be there.

Who actually needs IP awareness and why?

“Our people know that patents exist.”
Maybe.

But do they also know when they become important in everyday life?

IP Awareness is not a one-size-fits-all event.

What a developer needs to know is something other than what is relevant to executives, sales, or purchasing.

A few examples:
– R&D needs a sense of when a technical solution may be protectable (before it is shown) and when you stumble across a possible IP infringement.
– Procurement must know what risks can arise from license agreements or infringements of intellectual property rights.
– Marketing should understand what you can and can’t say about features.
–Executivesneed to keep an eye outfor whether teams recognize IP opportunities at all – or systematically overlook them.

IP awareness iscontextual.

If you train everyone with the same content, you don’t create awareness, but overwhelm.

Better questions would be:
– What does this role need to know about IP in order to make good decisions?
– How do I recognize IP-relevant situations – without being an absolute expert myself?

Good awareness strategies differentiate.
And they connect. This is because IP often affects precisely those interfaces where no one is responsible or feels responsible.

The system decides: Why individual measures do not create awareness

“We did an IP webinar last year.”
“People know – it’s all on the intranet.”

Does this sound familiar?

Many IP managers invest a lot of energy in training, information emails or awareness campaigns.
And yet, unfortunately, hardlyanything changes.

The reason is simple:
Awareness is not created through information, but through integration.

If IP is only treated as a topic “to be poured over”, this creates compulsory knowledge at best.

But what is really missing is anchoring in everyday life:
– In project processes.
– In role descriptions.
– In management discussions.

IP awareness is not atask for thepatent department alone.

It is a systemic challenge:
If structures hide IP, even the best training does not help.

The crucial questions are:
– Where is IP visibly anchored in the system today – and where is it not?
– Are there processes in which IP would have to be considered – but is not?
– And how can IP awareness be kept alive in the company – beyond one-off measures?

Only when the system follows suit does IP become a real corporate asset.
Before that, it remains: special knowledge in the supporting role.

Where does the organization stand on the awareness scale?

In conversations with companies about their current challenges with IP, about structures and procedures, I noticed something again and again:

There are different attitudes and role understandings that strongly influencehow IP is lived in the company.

This is particularly visible between the patent department, R&D and management.

Over time, I recognized a pattern – and developed a model from it that can be found in many organizations:

—

Stage 1: Distance and silo thinking
IP is separate from the core business.
The patent department works “for itself”, R&D does not see itself as responsible, the management ignores IP – consciously or unconsciously.
There is hardly any exchange.

Stage 2: Service Mindset
IP has become more visible. The patent department actively offers services, communicates and shows presence.
But: It often remains with the attitude “We are there – come when you need us.”
The responsibility still lies with “the others”.

Stage 3: Shared valuecreation
IP is no longer just support – but an integrative part of the strategy, the processes, the language.
All participants see themselves as partners in the creation of value.
It is no longer about additional work or “picking up” R&D – but about shared responsibility.
The patent department contributes its expertise, R&D its technical understanding, the management the strategic framework – equivalent, not hierarchical.

—

I see movement from level 1 to 2 in many companies – often triggered by the desire to receive more and better invention disclosures.
Then we work on visibility and communication – which is important.
But without a deeper mindset shift, it remains a “service offer” that must be actively advertised.

Shared valuecreationrequires more: trust, maturity – and sometimes a structural step. Above all, however, it needs a newunderstandingof cooperation.

It is important to me:
The model is not a judgment, but a tool for reflection.
Many organizations operate at multiple levels at the same time—depending on location, team, or division.

IP awareness with 3 pillars for more impact

IP awareness does not arise from a single training.
And it doesn’t stay through an intranet link or a campaign.

My thoughts and experiences on this:

IP awareness lasts permanently when three areas in the company interact.

1. Visibility – so that IP is perceived at all
If IP is not present, it is not taken into account.
Visibility means that the IP department can be experienced, approached and is perceived as relevant.

What works:
– Presence on the intranet, at project starts, team meetings, onboardings
– clear, accessible language
– Success stories, identification figures, recognizable contact points
– Regular offers, such as IP / patent consultation hours

Visibility is more than information. It creates attention and opens doors.

2. Knowledge – so that IP is understood, remembered and used in everyday life
IP can only be considered if it is fundamentally understood.

This basic understanding is key:
→ It explains why IP is relevant in the first place – and what is worth taking responsibility for.
→ It forms the basis for motivation, participation and risk awareness.

What works:
– Practical, transfer-oriented formats with case studies, thinking aids or small exercises
– Role-specific refreshers, regular
– IP basics as part of onboarding

Knowledge should be imparted in such a way that it is understandable – and can be connected to one’s own work.
This means: not abstract, but concrete. Not instructive, but useful.

Anchored knowledge creates understanding and opens the way to independent action.

3. System integration – so that IP is consistently considered
What is not provided for in the process is rarely done consistently.
Therefore, IP must be explicitly integrated into structures, routines and roles.

What works:
– Fixed “touchpoints” in the course of the project (e.g. gates, kick-offs, releases)
– Executives who actively address IP issues
– IP Ambassadors who are visible in Teams
– Checklists with IP questions

System integration means that IP is no longer an additional issue, but a component of corporate reality.

IP awareness is not a sprint. But a way.

In conversations with IP managers, I often hear this sentence:
“That all sounds good in theory – but it’s not so easy to implement here.”

And honestly:
I understand that.

Because I also see in many companieshow difficult thispath sometimes is.

The tour has other topics.
Developers don’t have time for seminars.
You make an effort – and then come: nothing. Or at least not what you had hoped for.

I believe:
IP awareness is not a sprint. It is a marathon.
And sometimes it feels like a trail run in the fog.

You try things out.
Some things work well – others don’t (yet) fit the culture, the language, the timing.
Sometimes there is a sudden increase in invention disclosures and then again a decrease that is frustrating.

That’s normal.
It’s not about arriving right away, it’s about getting on your way in the right direction.

Because IP awareness is nota measure,but a cultural change.
And it never runs in a straight line.

From my point of view, it is important:
-Hang on.
-Adapt.
– Treat yourself and others in a friendly and realistic way.
Something is moving, even if it is not immediately visible.

And the greatest progress is sometimes: an attitude that remains –
even if everything else has not yet been completely found.

Conclusion: IP awareness is a development process

If you want to create patent awareness in companies, you are on the right track. After all, patent awareness will strengthen the company, its innovations and ultimately its market value.

But how do you do it “right”?

Take a look at the various adjustments in the company: Where do you currently stand and what could you change?
Think of it as a process that develops slowly. Be patient. Everything doesn’t have to be 100% ready tomorrow (that will never be possible anyway).

If you need support , please feel free to contact me. I am happy to be your reflection and thinking partner in this matter. Especially when it comes to knowledge building, I can help you. My trainings are an ideal way to get started. Because for me, it’s not just about imparting knowledge, but also about using individual examples, exercises and questioning techniques to set processes in motion that can have a lasting effect . Feel free to book an appointment for an introductory meeting (click here to book).

It took me 8 years to pass the EQE (European Qualifying Examination for Patent Attorneys).

I have been working in the field of intellectual property for 10 years with ups and downs.

It all started in May 2012 – when I began training to become a German Patent Attorney. Since then I have been working on becoming a European Patent Attorney as well.*

Now it’s done, and I want to encourage everyone who hasn’t quite made it (yet) with my journey:

February 2015: New Year’s Eve 2014/2015 I had moved to Munich to complete the final stage of my training with the patent authorities and take the German patent attorney exam. I got 68 points out of 70 which are needed in the Pre-EQE. So failed the exam.

February 2016: I just moved to Frankfurt and started a new job. The EQE is paper based and in taking place in Munich. I score 69 points in the Pre-EQE. So I failed again.

February 2017: I let this year go by unused. I don’t feel like writing the Pre-EQE again and take a break.

February 2018: The exam is again in Munich. Paper based. When I wake up in the hotel room in the morning, I realize, that have some company: bedbugs are living in this room. I found one on my pillow and one in the bathroom. I am telling the receptionist, but he cannot do to much. During the exam I am worried, that I brought some bedbugs with my suitcase to the exam hall. Hopefully I am not responsible for an unwanted gift. When I am home, I am putting my laptop bag and some other things in the oven and heat it over 35 degrees so that I can get rid of any potential animals that are hiding. Unfortunately, the laptop bag melts and is destroyed after that. Apart from this, I finally get through the pre-EQE. Later in the year, I register for the main exam.

January 2019: I go to Strasbourg and take a CEIPI preparation course. At the end of the course, everyone sings together, “EQE, you won’t defeat me…”

March 2019: When I registered for the main exam, I didn’t know that I would be 6 months pregnant on the exam day. A friend thinks that since I now have two brains in my body, surely it should work out. Unfortunately, it was rather the other way around and the baby probably consumed a lot of energy despite good preparation. I only manage to pass one out of four “papers” (Paper B).

March 2020: I am well prepared for Paper A and D, for which I have registered. I spent a lot of time studying and little time with my family and little daughter. A week before the exam date, the exam is cancelled due to Corona.

March 2021: I studied well again and this year the exam is online for the first time. Despite some technical pitfalls I passed both registered papers (Paper A and D).

March 2022: This time I want to pass the last paper as well. Since the beginning of the year I have been studying two full days a week plus some of the weekends. At the beginning of March I reach a low point of motivation. While the Ukraine war has been going on for a few weeks, the European Patent Office emphasizes in a last preparation webinar that the exam is one of the most difficult in the world and that they want to keep this level. All of a sudden, everything seems very pointless to me and I ask myself why I am actually studying for all this. Other things seem to be significantly more important than dealing with a fictitious opposition, where the exam board hides the necessary clues in the documents as well as possible. Nevertheless, I continue to study until the day of the exam.

In July, I finally got the news: I have passed Paper C as well. 

In the 8th year I have passed the European Qualifying Examination for Patent Attorneys. After 8 years I now have a representative number and may call myself European Patent Attorney.

This shows that even with small steps, which always go in the right direction, you can reach your goal at some point 🙂 Good luck and courage to all who are not quite at their goal yet!

* For this, you first have to pass a preliminary examination (Pre-EQE) and then a main examination, which consists of four “papers”.