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drafting and prosecution


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drafting and prosecution


DRAFTING AND PROSECUTION

Patents and patent applications come in different qualities. Some are poor and some are brilliant, but it can be difficult to distinguish. Getting started on the right foot is key to obtaining the right protection.

A successful patent requires an in-depth knowledge of your technology and business, and it is vital that your team is actively involved in the process. Consider us a part of your in-house team.

We handle all steps in administering and prosecuting your patent portfolio in close contact with you. We will guide you through the patent process and will always give you our recommendation for how to best proceed.

Obtaining IP rights around the globe requires world-wide collaborations and the right associates. We acknowledge the fact that providing IP protection is an expensive endeavour. But through competent case management, many expenses can be avoided or minimised without compromising quality. We work in partnership with a wide range of foreign patent attorneys, whom we know well and have worked with for many years. We vouch for the quality of their work and we find their fees to be competitive.

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opposition and appeals


opposition and appeals


OPPOSITIONS AND APPEALS

These procedures are highly complex and require specialised advice based on many years of experience. It is no picnic attending oral proceedings.

We have a proven track-record for attending oral proceedings, and our experts are among the most experienced in opposition proceedings before the European Patent Office (EPO) and before the Danish Patent and Trademark Office (DKPTO).

Post-grant proceedings are one of our top specialities. Particularly, Axel Heimann and Steven Richard Kitchen have tremendous experience in these proceedings.

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LITIGATION


LITIGATION


LITIGATION

In close partnership with leading IP lawyers in Denmark and abroad, we advise companies on technical and patent law issues in court cases, such as preliminary injunction cases, injunction proceedings, infringement and invalidity proceedings.

Our team has many years of experience in providing assistance in patent litigation cases in Scandinavia. We work with original manufacturers as well as generic companies.

We are particularly experienced in preliminary injunction cases before the Maritime and Commercial High Court as well as confirmatory actions and injunction cases before the Maritime and Commercial High Court and the Danish Supreme Court.

Mikkel Bender is among the most experienced Life Science patent litigation advisers in Denmark and Sweden, and Peter Kim Jensen Peter is the grand old man of our Mechanic/Electronics Litigation Support Team.

Peter Kim Jensen acts as a technical judge at the Danish Eastern High Court and at the Maritime and Commercial High Court and is Chairman of the committee of experts under the Association of Danish Intellectual Property Attorneys.

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INDEPENDENT EXPERT OPINIONS


INDEPENDENT EXPERT OPINIONS


INDEPENDENT EXPERT OPINIONS

We draft independent expert opinions on patent law issues and technical issues in connection with pending court proceedings both in terms of drawing-up written statements to be produced before the courts or by giving testimony in court.

We also assist in court cases in other Nordic countries.

Peter Kim JensenMikkel Bender & Steven Richard Kitchen are on ADIPA’s list of Qualified Experts to be appointed by Danish courts.

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SEARCH AND ANALYSIS


SEARCH AND ANALYSIS


SEARCH AND ANALYSIS

For many companies, it is vital to have an overview of competitor activities or gain a quick insight into the latest developments. Competitor and technology watches come in many shades and we tailor solutions to fit your needs.

We perform all kinds of searches and analysis including novelty searches, patentability opinions, infringement opinions, competitor surveillances, freedom-to-operate analysis, IP due diligence analysis and any other tailored searches. 

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PATENT STRATEGY AND IP-AUDITS


PATENT STRATEGY AND IP-AUDITS


PATENT STRATEGY AND IP-AUDITS

An IP-audit is a health check of the way your company handles your intellectual capital, whether registered or unregistered rights.

An audit will give your company an overview of the internal procedures for handling intellectual property rights, the market and competitor conditions as well as future possibilities and risks. Based on this overview and your business plans, we will together draw up a plan for your company. The purpose is to optimise the proceeds of your company’s IP rights.

When preparing an IP-audit, we will usually meet with several persons in your company to clarify the current handling of your IP rights and how you imagine your portfolio to be developing.

When we have gathered all necessary information, we will make an evaluation of your IP portfolio to find the relevant potential and protection. We will then make an analysis of the market conditions and the relevant competitors on the market and complete the audit by giving you our recommendations tailored to your portfolio.

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VALIDATIONS


VALIDATIONS


VALIDATIONS

Let us handle the national filings of your EP patent in all European countries. We have vast experience in filing validations of your granted EP patent in all member states in close collaboration with our network of associates across Europe.

We focus on minimising your costs and always ensuring high quality translations prepared by patent attorneys.

Contact Tina Rytter for more information of EP validation services.

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TRANSLATION OF COURT DOCUMENTS


TRANSLATION OF COURT DOCUMENTS


TRANSLATION OF COURT DOCUMENTS

We offer highly specialised translations of technical and legal documents for court proceedings. Many of the companies we assist in court are based abroad and need to have the court correspondence translated into English.

Tina Rytter has vast experience in translating writ of summons, defence documents, pleadings, transcripts of court records, decisions and judgments and all forms of exhibits to court proceedings, including translating chemical-technical exhibits.

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SPC


SPC


SPC

We are highly experienced in filing and prosecuting SPC applications in Denmark.

We offer advice on the filing and prosecution of SPC applications as well as paediatric extensions in Europe and particularly in Denmark. We also offer general advice on European SPC legislation as well as SPC practice and case law in Denmark.

Mikkel Bender has served as member of ADIPA’s Joint Committee for Supplementary Protection Certificates and has participated in several SPC-cases before the Danish Board of Appeal for Patents and Trademarks as well as before the Maritime and Commercial High Court.

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EPO REPRESENTATION


EPO REPRESENTATION


EPO REPRESENTATION

We can serve as your professional representative before the EPO if your company or client is domiciled outside a contracting state or you just need someone else to handle the filing and/or prosecution to ease your workload.

Patent attorneys abroad use our services to file applications and prepare and file responses to communications issued by the EPO or simply for acting only as an EPO representative, forwarding all communications received by the EPO without comments and only preparing and commenting on draft responses when specifically requested if preferred.

We will, of course, always make sure that any response filed by our office is in line with EPC requirements.

We also take care of the validation procedure in all selected EPO countries once an EP patent has been granted.