Do you want to file better digital patents?

I help IP professionals master their digital patents
Let’s talk about digital patents

Hi, I’m Bastian Best, a European patent attorney on a mission to help IP professionals file better digital patents.


Do you want to file better digital patents?
 Then let’s jump on a call to explore how I can help you.

HERE ARE THREE COMMON MISTAKES I SEE ALL THE TIME IN DIGITAL PATENTS:

FAILURE TO COVER NEW PRODUCT TYPES.

The typical claim set for a mechanical or otherwise “tangible” invention includes an independent device claim and possibly an independent method claim for the manufacturing process. But what if your competitors sell only software?

 Software-only competitors don’t infringe “device + manufacturing method” claims.

FAILURE TO COVER DISTRIBUTED INFRINGERS.

Many digital software solutions are distributed with one part running in the field and another part in the cloud, often by different actors. Yet, the claims of many granted patents only cover scenarios where all actors collaborate.

 Distributed software does not infringe “whole system” claims.

FAILURE TO COVER THE SOFTWARE PROVIDER.

Another classic mistake is to draft the claims such that they cover the digital product during runtime only, not the product as it is initially delivered by your competitor. It’s because of tiny details in formulation like “database comprising one or more entries” instead of “database configured to comprise…”.

 Only your clients will infringe such “runtime claims”, your competitors won’t.

DO YOUR PATENT CLAIMS HAVE ONE OF THESE FLAWS?

Then we should talk. Book a free call now:

THE PROBLEMS I SOLVE FOR MY CLIENTS

“Bastian, we’re patent experts in our industry, but recently our developers have started training neural networks. They talk about big data in the cloud. We’re not sure if these things are even technical. Can you take care of our digital inventions?

In-house patent professional

We want to file digital patents but our patent department has trouble getting enough invention disclosure reports from the developers. Bastian, can you do an invention mining workshop?

In-house patent professional

Bastian, we got an office action with heavy pushback from the EPO examiner. He says the invention is only a business scheme and the prior art is a simple general-purpose computer. Can you give us a second opinion and then potentially take over the case?

Non-European IP counsel

We’ve seen your presentation on AI patents. Can you speak at our event please?

LEADING EXPERTISE IN DIGITAL PATENTS

I speak about digital patents at top-level IP conferences around the world.

Recent examples:

Upcoming events:

  • Artificial Intelligence:  patenting practice and ethics
    Conference talk at the ASTP Annual Conference 2022, Lisbon (PT), 20 May 2022
  • Computer-implementierte Erfindungen richtig offenbaren und beanspruchen
    Seminar talk at the VPP Bezirksgruppe Nord-Ost, Online, 23 May 2022
  • Understanding patents for digital technlogies
    Conference talk at the PDG Annual Members Conference, Online, 9 June 2022
  • Digitale Innovation und Softwarepatente: Wohin geht die Reise beim DPMA und EPA?
    Conference talk at the PATINFO 2022, Suhl (DE), 23 June 2022
  • Patenting digital innovations: What SMEs need to know
    Training seminar at HTBC 2022, Online, 11 October 2022
  • Patenting in disruptive CII technologies: IoT and cloud computing
    Seminar lecture for the European Patent Academy, Online, 10 November 2022

    I also teach patent professionals

    I also teach patent professionals around the globe how to draft digital patents as part of the IP management program at CEIPI. See my lecturer portrait for the CEIPI distance learning course IP in the Industry 4.0:

    HOW CAN I HELP YOU?

    A PATENT LAW FIRM FOR THE DIGITAL FUTURE

    BESTPATENT

    At my patent law firm BESTPATENT we build patent portfolios that secure the digital business models of a global clientele of corporate innovators.

    Working with BESTPATENT means you benefit from Bastian Best’s industry-acclaimed expertise in digital patenting combined, depending on your needs, with the workforce of a team of experts drawn from his network.

    Turning away from the pre-pandemic brick-and-mortar law firm model, Bastian operates the firm fully digitally out of his hometown Munich (DE) to live his vision of the law firm of the future.

    SOME AWESOME CLIENTS

    AMERIA — Touchfree connected experience

    Heidelberg (DE),
    ameria.de

    ROBCO — Enabling robots for everyone

    Gilching (DE), therobotcompany.de
    Backed by Freigeist

    LIFTRIC — Your engineering powerhouse for medical devices

    Mannheim (DE), liftric.com

    PLANFOCUS SOFTWARE — Next generation cash cycle optimization

    Munich (DE), planfocus.com

    SOUL MACHINES — Astonishing Digital People™ for multiple industries and use cases

    Auckland (NZ), soulmachines.com

    TRUCKL — The Next Evolution of Freight Management

    Dallas, TX (US), truckl.io

    See the European Patent Register for a list of published cases represented by BESTPATENT.

    How can I help you?

    LET’S TALK ABOUT DIGITAL PATENTS

    Do you want to file better digital patents?
    Then let’s grab a virtual coffee to find out how I can help you:

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    If you want to hire me directly or if there’s an emergency, write to me directly by email and I will get back to you in no time.

    FREQUENTLY ASKED QUESTIONS

    “Which services do you offer?”

    Patent prosection: application drafting and full representation in all procedures before the EPO and DPMA
    Expert opinions: patentability, freedom-to-operate, patent due diligence, infringement, validity
    In-house workshops and training for patent departments and development teams
    No trademarks, no designs, no contracts. Digital patents only.

    “Why should we work with you?”

    Because I’ve been doing software patent prosecution and litigation for 14 years. Only a handful of European patent attorneys have my level of specialization in patents for digital, software-based and computer-implemented inventions.
    Because I work with hidden champions and large corporations in several industries which are all facing the same challenge: to digitalize their products and business models. Tell me your biggest digital patent challenge and chances are I’ve solved it in a related scenario already.
    Because I teach patent attorneys around the globe how to draft digital patents. I’m a guest lecturer in the IP management program at CEIPI and a regular speaker on digital patenting at industry-leading conferences by the European Patent Office and epi.

    “But you can handle only small workloads, right?”

    Working with my firm BESTPATENT always means working with me and a team of deeply specialized experts whom I select individually from my network for your specific case. I believe that this fluid network model (call it a “virtual firm”) is the future of premium legal service. This way, BESTPATENT can provide the workforce to handle mid-sized patent portfolios at unrivalled quality.

    “A small firm must have very low rates, right?”

    No.
    Everyone at BESTPATENT charges based on the value created.
    We can work based on the classic hourly billing model or on transpatent flat fees for work packages or entire projects.
    I don’t compete on price.

    READY TO GET IN TOUCH?