to Kliment & Henhapel Patentanwälte OG,
a firm of patent attorneys with offices in Vienna, Linz and Salzburg.
For more than 80 years we have been advising clients in all matters concerning industrial property rights, and representing them in proceedings before national and international patent and trademark offices and courts
. Our clients include both national and international companies of every size, as well as private individual inventors.
With our enthusiasm, our understanding of engineering and sciences, as well as our tenacity in obtaining, asserting, attacking and defending property rights, we make a significant contribution towards the business success of our clients – right through to the last instance or a necessary settlement, if required. Our clients know that the quality of our work and personal support have top priority for us, and they value our in-depth analyses of the respective situation, as well as our honest assessment of the chances of success. This allows us to offer our clients an optimal foundation for important and far-reaching decisions.
We are also experienced in the coordination of cross-border patent disputes. With our international network we can offer our clients our support at any time, in any place and in any country.
With our constant work as court-appointed experts and lay judges we can claim a wealth of experience that guarantees comprehensive advice in all matters for our clients.
Kliment & Henhapel do not merely act as your representatives – we treat your matters as our own, we act on your behalf and in your interest, and we are successful if you are successful. In short:
We serve to protect.
You would like to protect your intellectual property in Austria, in Europe or worldwide, or to assert or defend existing rights? We are happy to advise you in all areas of industrial property rights.
From the drafting and filing of appropriate intellectual property applications, through representation before the competent authorities and courts, as well as conducting all grant and examination proceedings, to the management of your entire IP portfolio and assertion of your rights against third parties – you can rely on us in all matters of patent, trademark, utility model and design law.
. Areas of Law
As patent attorneys and as European Patent, Trademark & Design Attorneys we are specialised in the protection of your intellectual property.
Therefore Austrian, European and international patent, trademark and design law is the primary foundation for our work. However, our firm deals not only with the drafting and obtainment of intellectual property rights, but is also specialised in their assertion in infringement proceedings, as well as attack and defence in nullity proceedings. With our work as court-certified experts and expert judges in patent disputes, our patent attorneys are always up to date with regard to established practice and can already take the experience thus gained into consideration when drafting your property right application.
And of course we are also at your disposal in other areas of law, such as plant variety or semiconductor protection, the obtainment of protection certificates, the drafting of licence agreements, or questions concerning employee inventions.
OUR PATENT ATTORNEYS
Austrian patent attorneys,
European Patent, Trademark & Design Attorneys,
court-certified experts in patent matters, lay judges
Some of our services at a glance:
PATENT INFRINGEMENT & OPPOSITION
We are happy to assist you in infringement, opposition and nullity proceedings, and we fight to win your case before the competent courts and authorities.
A patent infringement action is the means available to you in order to assert your claims against third parties who are using your protected invention without permission. We will be happy to assess your chances of success before filing the action, draft the part of the statement of claim dealing with patent law, and act as consulting patent attorneys in the patent infringement proceedings. Together with a lawyer specialised in patent law, we represent you before Vienna Commercial Court, Vienna Higher Regional Court and the Supreme Court.
Private Expert Opinions
As court-sworn and certified experts, our patent attorneys are regularly called upon to act as independent court-certified experts. However, they also use their experience to prepare private expert opinions that provide an important foundation for court decision-making, especially within the scope of patent infringement proceedings. Through intensive examination of a specific issue within the scope of preparing an expert opinion, it is possible to gain well-founded lines of argument that can be used not only directly in the patent infringement proceedings itself, but also in any opposition or nullity proceedings pending in parallel.
Opposition and Nullity
A recently granted patent is preventing you from realising your plans? You are infringing upon a valid patent or have already been sued for patent infringement? We will be happy to examine the legal validity of a property right against the background of the known state of the art, and we also conduct searches for further state of the art. If it turns out that the relevant property right cannot be regarded as legally valid, we will be happy to prepare a statement of opposition or a motion for nullification for you, and to conduct the relevant proceedings before the Austrian or the European Patent Office for you.
The panel of judges in the often highly complex – both legally and substantially – patent infringement proceedings consists not only of legal experts, but also includes a lay judge with technical expertise. As the plaintiff or defendant in such proceedings you should therefore not dispense with a patent attorney in addition to a lawyer specialised in patent law. If you win, you are entitled to the statutory reimbursement of costs – namely of both the costs for the lawyer and the costs for the patent attorney.
In the course of the years we have been able to establish an international network of leading patent attorney firms and law firms specialised in IP law. Thus we can guarantee that your matters will be handled with the necessary care all over the world.
Whether in the Board of the Austrian Chamber of Patent Attorneys, the Council of the Institute of Professional Representatives before the European Patent Office (European Patent Attorneys) or in other professional organisations – your intellectual property is near and dear to us.
Working with us is easy.
Simply get in touch with us by phone, by e-mail or using this form. Our office looks forward to receiving your inquiry and will be happy to make an appointment to discuss the further procedure with you. Appointments can be made either at one of our law offices or directly at your premises, if desired. The first consultation, in which we are happy to give you general information about industrial property protection, is free of charge. For the sake of transparency we would like to point out that further consultations concerning a concrete issue are generally billed.