ED: What was your path from a TUM alumnus to a lecturer in patent law? Were your own experiences the reason why you became a patent attorney?
Christian Wende: As a student at TUM, I founded a start-up that was confronted with accusations of patent infringement. We therefore had to deal with the issues of patentability, invalidity, state of the art, etc. It was an existential issue for the company. It was an existential question for the company, which could be answered satisfactorily with the appropriate effort. After the start-up sale, I switched sides and was trained by the patent attorney who provided us with excellent advice and representation at the time.
Every summer semester since 2011, I have enjoyed introducing almost 100 young, motivated people to intellectual property law and reporting on the practical side. I have subsequently met many talented people again, such as successful engineers, entrepreneurs, inventors, and venture capital investors. And some of my students have also become patent attorneys. I want to ensure that the next generation of innovation drivers knows how to turn inventions into commercial success. I see significant potential for improvement here and would like to pass on my knowledge and experience.
I have met many people at TUM who have supported me in my career path. It is a privilege to be able to give that back now. I am very grateful for this and appreciate the support of Prof. Petra Mela and Prof. Christoph Ann in particular.
It's also fantastic that I can continue to be involved in research thanks to my medical technology training at TUM. Much of my day-to-day work involves developments in neurostimulation for brain-spinal cord interfaces, for example, to help paraplegic patients walk again and regain movement in general. Being able to report on this in the lecture is a great thing. I have the auditorium's full attention. These are the moments when students understand that they can achieve a lot with technology but that there is also an economic component and that the investments made must be refinanced. And patents, among other things, play a significant role here.
Why do you think it is important that students - especially prospective engineers - know about the topic? What are the most important basics that students should know about patent law before developing their innovations or taking on a leadership role?
Patents are an essential building block for the economic success of a company. For technology-driven start-ups, it is unthinkable not to apply for patents. My team and I represent high-caliber venture capital companies in the medtech, healthcare, and life science sectors. With a solid strategy regarding industrial property rights - including patents, trademarks, design, software, and know-how protection - it is possible to persuade investors to get involved and make the company successful.
Even companies that bootstrapped their way to takeover registered several patents, which played a crucial value-creating factor in the acquisition. Successful examples of start-ups from TUM that I have mentored or am still mentoring are Kumovis (2022 acquisition by 3D Systems) and Irasun (2022 acquisition by Getinge).
Medical processes have a special status when applying for a patent. What generally has to be considered here?
In Europe, there is an exception to the patentability of medical procedures. However, this exception does not necessarily exist everywhere in the world. For example, in the most important market for medical technology, the USA, it is possible to obtain patent protection for medical procedures or a new medical device application. It is therefore vital to look at the relevant markets and consider where you can position yourself economically with your products.
Can you explain typical pitfalls engineers often encounter when applying for a patent or design? What can students learn from these examples to avoid such mistakes?
A typical mistake is to underestimate the innovation, to present it without registration, and then realize afterward, based on the response, that you have just revealed something valuable. It isn't easy to salvage such a situation. Therefore, an essential part of knowledge transfer is recognizing specific innovations and seeking advice on patent law. Ideally, the motto should be: apply first, then present the innovation.
About the lecture
The lecture' Patent Law for Engineers' imparts knowledge about intellectual property rights, e.g., the Employee Invention Act basics, remuneration claims, or defense strategies. In preparation for a management position, in particular, the course aims to enable students to legally assess legal steps in property rights issues (risk management, monetization).
The interdisciplinary course offers all TUM students basic knowledge in theory and seminars as supplementary subjects, for example, in the form of excursions to customs, the Deutsches Museum, or the Federal Court of Justice. Up to five ECTS can be credited in technical degree programs and, after examination, also in other degree programs.
Further Links:
Lecture: Introduction into Patent, Trademark and Design Law for Engineers
In cooperation with: Chair of Corporate and Intellectual Property Law
Study The role of European universities in patenting and innovation, European Patent Office and Fraunhofer ISI