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?“
How can I help you?
Leading expertise in digital patents
I speak about digital patents at top-level IP conferences around the world.
- Harmonising practices in CII applications
Panelist at Examination Matters 2021, Online, 6-10 December 2021
- Softwarepatente in Europa – wie das EPA prüft
Conference talk at the VPP Herbstfachtagung 2021, Bonn (DE), 29 October 20
- Patentierbarkeit von CII- und KI-Erfindungen in Europa
Conference talk at the Herbstseminar 2021 for Verband der freiberuflichen Europäischen und Schweizer Patentanwälte (VESPA), Baden (CH), 24 September 2021
- Artificial intelligence and IP
Webinar for the Institute of Professional Representatives before the European Patent Office (epi), Online, 15 September 2021.
- 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 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:
A patent law firm for the digital future
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
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.
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
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.
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.
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.
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.