1. WIPO WORKSHOP ON INTELLECTUAL PROPERTY FOR BUSINESS FOR SMALL AND MEDIUM-SIZED ENTERPRISES (SMES) Workshop in Dar-es-Salaam, May 10 and
Dipl.-Ing. Volker Plogmann
Managing Director Patent and Trademark Department
Wilhelm Karmann GmbH
Full Service Vehicle Supplier, Osnabrück, Germany
Volker Plogmann

2. Wilhelm Karmann GmbH Karmann Ghia Coupe 1955 Volker Plogmann
Wilhelm Karmann GmbH - Shaping the future of automobile
As one of the world's most successful full-service-vehicle-suppliers, each and every day, we are working on the future of the automobile as a forerunner, setting new standards through our engineering solutions. Tradition and innovation are the two components of our drive – the market and the high standard of requirements of our customers are our impetus. Indeed, the name "Karmann" stands for quality and reliability, expeditiousness and flexibility, and thus, ''Karmann'' signifies a permanently high level of performance. Specifically, in the development stage of new products.
Volker Plogmann

3. Complete Vehicles Audi A4 Convertible 2002
Mercedes-Benz CLK Convertible 2003
Chrysler Crossfire Coupé 2003
Chrysler Crossfire Roadster 2004
International OEMs
Our current reference list includes the Audi A4 convertible, the Chrysler Crossfire Coupe, the Chrysler Crossfire Roadster and the Mercedes-Benz CLK convertible. We supply modules for the Jaguar XK8 convertible, the Renault Mégane convertible and the Mercedes-Benz SLK. In addition, we were in charge of the development of the Volkswagen New Beetle convertible and the Mercedes-Benz Vaneo and the MAN driver's cabin Trucknology including the manufacturing of the production facilities. The roof modules for the New Beetle convertible are now being produced by Karmann-Ghia of Mexico. Our company is indeed famous for its expertise in convertibles. However, if you take a closer look, you will find that there is so much more to Karmann.
Volker Plogmann

4. Roof Systems VW New Beetle Convertible 2002 Volker Plogmann
Renault Mégane Coupe-Convertibles 2003
Volker Plogmann

5. 3.5 Million Vehicles 1949-2004 Selection from reference vehicle list:
VW Golf A1 Convert.
388,522 units
VW Beetle Convert.
331,847 units
VW Karmann Ghia
362,601 units
VW Porsche 914
118,949 units
VW Scirocco I
504,153 units
BMW 6th Series
96,149 units
VW Scirocco II
291,497 units
Ford Escort Conv.
104,237 units
VW Corrado
97,521 units
Ford Escort Conv.
83,983 units
VW Golf A3 Convert.
139,577 units
Renault Mégane Conv.
58,867 units
3.5 Million Vehicles
Since 1949, more than 3,5 million vehicles have been built by Karmann. Some examples are the Volkswagen Beetle convertible, the legendary Karmann Ghia, BMW coupes, the Volkswagen Porsche 914, the Volkswagen Scirocco and all Volkswagen Golf convertibles. A complete overview may be found in the history section.
Merc.-Benz CLK
81,518 units
Audi 80 Convertible
12,012 units
VW Golf A4 Convert.
72,666 units
Merc.-Benz CLK Coupé
31,568 units
Audi A4 Convertible
20,906 units
Chrysler Crossfire
Volker Plogmann

6. Global Locations Volker Plogmann Karmann-Rheine GmbH & Co. KG
Vehicle Production
Wilhelm Karmann GmbH
Osnabrück
Vehicle Engineering • Tooling
Roof Systems • Production
ATP Automotive Testing
Papenburg GmbH
Papenburg
Proving Ground
Karmann U.S.A., Inc.
Plymouth, Michigan
Vehicle Engineering
Julius Heywinkel GmbH
Bramsche
Fabric & Plastics Production
AGS GmbH
Osnabrück
Logistics Services
Karmann-Ghia de Mexico
Puebla
Roof System Production
Karmann-Ghia
do Brasil Ltda.
Sao Paulo
Tooling • Stamping
Vehicle Production
Karmann-Ghia
de Portugal Lda.
Vendas Novas
Fabric Production
Volker Plogmann

7. Wilhelm Karmann GmbH Germany - Osnabrück Service Spectrum:
Vehicle Engineering • Tooling Roof Systems • Production
Founded: 1901
Employees: 6,106
total area: m2
built-on-area: m2
Current Key Products:
Chrysler Crossfire Coupe
MB CLK Convertible
MB SLK (BIW Module)
Volker Plogmann

8. Karmann-Rheine GmbH & Co. KG
Germany - Rheine
Service Spectrum:
Vehicle Production
Founded: 1965
Employees: 1,760
total area: m2
built-on-area: m2
Current Key Products:
Audi A4 Convertible
Renault Mégane II CC (RHT module)
Jaguar XK8 (Soft-top Frame)
Volker Plogmann

9. Karmann-Ghia do Brasil Ltda.
Sao Paulo
Service Spectrum:
Tooling • Stamping Vehicle Production
Founded:
Employees:
Current Key Products:
Final Assembly of Land Rover 90 SW
Tools for DC, Dana, Fiat, Ford, GM, Krupp, Land Rover, Honda, Renault, Scania, Volvo, VW
Stamping Parts for DC, Fiat, Krupp, Scania, TWB, Volvo, VW
Volker Plogmann

10. Karmann-Ghia de Portugal Lda.
Vendas Novas
Service Spectrum:
Fabric Production
Founded:
Employees:
Current Key Products:
Fabric & leather seat covers for
Audi A4 Convertible
BMW new 5 series
Ford Galaxy
Land Rover
MB CLK Convertible
VW Sharan
Seat Alhambra
Volker Plogmann

11. Karmann-Ghia de Mexico
Puebla
Service Spektrum:
Roof System Production
Founded:
Employees:
Current Product:
Soft-top System for Volkswagen New Beetle Cabrio
Volker Plogmann

12. Karmann U.S.A. Plymouth,Michigan Service Spectrum: Founded: 1996
Vehicle Engineering,
Roof System Production (2006)
Founded:
Employees:
Volker Plogmann

13. ATP Automotive Testing
Papenburg
Service Spectrum:
Proving Ground Engineering
Operation Begin:
Employees: 100
Testing Area: ha
Volker Plogmann

14. Full Service Supplier Volker Plogmann Styling
Concepts/ Advanced Engineering
FEM Analysis
Package/ Measure Concept/ Surface Class A
Design/ Engineering
Plastics Technology
Roof Systems
BIW Assembly Systems
Tools & Dies
Machining
Engineering/ Concept
Vehicle Testing
Prototypes
Powertrain & Chassis Integration
QA Tooling
Stamping
Body-in- white
Module Manufact.
Paint Shop
Soft-top Production
Final Assembly
Volker Plogmann

15. Division & Structure in Osnabrück
Vehicle Engineering
Tooling
Production
designStudio
BIW Assembly Systems
Tools and Dies
Machining
Stamping
conceptTeam
Body-in-white
FEM Analysis
Modules/Components
Package/Measure Concept/ Surface Class A
Roof Systems
Paint Shop
Design/Engineering
Final Assembly
Prototypes
Development
Design
Testing
Production
Plastics Technology
Division and Structure
Now i want tell you more to the practical, day-to-day problems of R&D divivons and the interrelationsship with Intellectual Property Department.
Intellectual Property Management
Prototypes
Vehicle Testing
Volker Plogmann

16. Patents, Utility Models
Intellectual Property Department
IP Department
Patents, Utility Models
Trademarks, Designs
Licensing
Administration
Volker Plogmann

17. Intellectual Property Management
The protection of innovative solutions and the covering of Know-How in respect of the economic advantages in national and international competition is the major task of an Intellectual Property Management
The support and the consulting in-house is another topic of the Intellectual Property Management
Law of Contract (Patents and Licenses)
Online research in patent databases
National and international prosecution
Patent litigation
Volker Plogmann

18. Setting up a patentportfolio
Patent Strategy
Support in reaching the company targets
Economical and professional protection of own inventions
Decrease the risk of a blocking by competitors
Avoidance of patent infringement
Setting up a patentportfolio
Volker Plogmann

19. Patent Strategy Questions to be answered:
a) Shall a patent be applied for an invention?
b) At what time should the application of an invention take place?
c) Can invention be kept secret for „absolute reasons“?
c) Which scope of protection should be aimed for?
d) In which countries should an application take place?
Beginning from questioning to Service Invention
Service Invention
The most difficult question of people working in the R&D division of a company is to determine the point in time when to contact the patent department with respect to a new invention. The principle should be to have a first contact as soon as possible, even during the time of developing the concept for a new project, the main reason for that being that the IP department should conduct at this very early stage, a search for relevant prior art for two reasons, namely
a)to make additional information available to avoid double work, i.e. to avoid "inventing" something which has already been invented in the past; and
b)to avoid running into infringement problems lateron, i.e. to try from the beginning on to find solutions for existing problems which do not fall into the scope of protection of existing patent rights.
Volker Plogmann

20. Service Invention R & D Division IP Department Search for prior art
Filing an application
From then on, there should be a continuous contact between R&D and IP department in order to enable the most appropriate point in time when to file a patent application, i.e. to determine when there is enough information available to state that the patent invention has been "completed". The patent application should not be too early in order to avoid that there is too much of a risk that later results might be contradictory or leading in a different direction, but it should also not be too late to ensure the earliest possible priority.
Search for prior art
We have already shortly discussed the necessity of a thorough search for prior art at an early stage. This search can be done by different ways and in different steps.
A first step could be collecting of all information available to R&D defining their own starting point for the research.
Volker Plogmann

21. Service Invention 1. Employee's invention law (The German Problem!)
Technical inventions
Inventorship
Right to apply for patents
Definition of invention
Definition of employee
Service or free invention
In a second step there should be a search for prior art in paten literature which can be done within the patent department or using competent outside searchers. There are various appropriate sources for doing such searches, for example various database such as Derwent. In the future, there will be certainly more and more opportunities to search via internet.
In a third step (possibly simultaneous to the second step), an additional search in scientific literature, also via database or internet, might be recommendable, depending on subject-matter of the project.
Volker Plogmann

22. Patent Strategy 2. Evaluation of inventions
Evaluation for the classification of the inventions concerning the intended registration
Orientation at markets and the competitive position
Evaluation of the invention by representatives (Management of Technical Development and its department managers)
Evaluation of Invention
After having reviewed the results of the respective R&D project as well as available relevant prior art, the patent department (or an outside patent councel) has to evaluate the chances of success for obtaining patent protection as well as the status of the project in order to determine the best point in time for filing the application.
At this state, it is also necessary to decide whether the results of the project can be combined within a single application or will have to be split into several independent applications, if there is lack of unity amongst the various aspects of the project needing protection.
An application cannot claim simultaneously a car, an improved distillation column and a pharmaceutical. Such an application would lack of unity from the outset (a priori). This type of lack of unity would be discernible before drafting the application, even without considering the relevant state of the art.
Volker Plogmann

23. Patent Strategy
2. Evaluation of inventions (Example)
Volker Plogmann

24. Patent Strategy 3. Incentive-Program
(Law relating to inventions of employees)
an incentive is paid after registration of an invention
a payment according to the Employee´s invention law is done after a patent is granted and used in a product (award to the inventor)
Volker Plogmann

25. Patent Strategy 4. First filing applications
Patent application - yes or no?
Patent application - where and how?
 National Territories
Application drafting
When the patent department believes the invention to be completed to a sufficient degree, claims and specification of the intended patent application should be drafted according to the principles already discussed.
This first version of the patent application should be carefully reviewed by the inventor(s) and possibly discussed personally with the patent department, if clarification seems to be required. There are two tendencies of inventors which need specific attention by the patent department.
Volker Plogmann

26. Patent Strategy 4. First filing applications
National Patentlaw (harmonised)
National Patentoffices
National Patents
National, independend proceedings in all countries, where the patent will be registrated
a „worldwide patent“ does not exist !
a) The inventor is not able to find his invention in the application text because of the specific language of claims and specification to be chosen in drafting. Thus, it is recommendable in most cases, to at least have one or more examples reflecting the information from the inventor(s) in order to allow identification with the application.
b) The inventor wants to cover a very broad range, adding more and more theoretical alternative or ideas to the application. It has to be carefully checked whether incorporation of such alternatives and addition is possible in view of unity of invention and, in particular, sufficient support by appropriate factual results.
Volker Plogmann

27. Patent Strategy 5. Foreign subsequent applications
Foreign protection
Selection of countries (production; markets)
National applications
PCT
EPC
Volker Plogmann

28. Patent Strategy Paris Convention international convention
subsequent application in the member states possible
164 member states
right of priority (1 year)
Volker Plogmann

29. Patent Strategy 6. Examination procedure
Getting a maximum extent of protection
Volker Plogmann

30. European Patent Office
27 contracting states
5 extension states
Registration / Search / Examination
Grant / Opposition / Appeal
Distribution of a „European Patent“
* **
AT Österreich AL Albanien
AT Österreich LT Littauen
BE Belgien LV Lettland
GR Griechenland MK Mazedonien
IE Irland RO Rumänien
CH Schweiz SI Slowenien
IT Italien
CY Zypern
LI Liechtenstein
DE Deutschland
LU Luxemburg *** siehe beigefügte Liste
DK Dänemark PCT-Länder (PCT-Anmelde-
MC Monaco Formular)
ES Spanien
NL Niederlande
FI Finnland
PT Portugal
FR Frankreich
SE Schweden
TR Türkei
GB Vereinigtes Königreich
Volker Plogmann

31. European Patentsystem
Distribution procedure EPO
European Patent (“Regional-Patent”)
Nationalization DE FR AT XY
Volker Plogmann

32. PCT-System Patent Cooperation Treaty (PCT)
international announcing authority
123 Member countries
Registration / Search / Preliminary Examination
no distribution of a patent
national/regional distribution procedures necessary (PCT is an „Preliminary stage “)
* siehe beigefügte Liste PCT-Länder (PCT-Anmelde-Formular)
Volker Plogmann

33. PCT-System International Phase PCT National and regional Phases TZ DEUS
Volker Plogmann

34. PCT-System First filing, DPMA PCT-filing, DPMA, EPC (Priority)
Request for Int. Preliminary Examination
End of International Phase EP DE US TZ JP
Month 12 19
(20) 30
Volker Plogmann

35. Fees and Renewals 7. Fees and Renewals Payment of procedural fees
administrative fees
maintenance fees
Screening of the Patentportfolios takes place annually
Volker Plogmann

36. Cost schedule of a patent family (I)
Locking device for cabriolet-tops
First filing of the invention in Germany
Foreign subsequent applications in USA, Japan and in Europe
Volker Plogmann

37. Cost schedule of a patent family (I)
Volker Plogmann

38. Cost schedule of a patent family (II)
Element made of foamed metal
First filing of the invention in Germany
Foreign applications in USA, Japan and Europe
Two oppositions in the german and in the european procedure
Volker Plogmann

39. Cost schedule of a patent family (II)
Volker Plogmann

40. Patent Strategy 8. Observation of competitors
Examination of published registrations of third parties
Distribution of specific patent information to the specialized divisions
specific monitoring of selected competitors
Volker Plogmann

41. Patent Strategy 9. Execution of infringement procedures
Infringement of patents of third parties
Development of a strategy to the practice: Objection, nullity, license negotiations
Infringement of own patent rights
Discussion with the management whether or not to proceed against violators
Volker Plogmann

42. Thank you for listening!
Patent Strategy
Thank you for listening!
Volker Plogmann