“Bernd Fabry: From Chemistry Lecturer to Intellectual Property Expert – Discussing the Future of Patenting and China’s Role in it”

Bernd Fabry, a renowned lecturer in IP management at the Otto Beisheim Business School of Management (WHU Vallendar) and author of numerous articles and books in the field of intellectual property law, has shared his insights on the progression of patenting and the significant role China is set to play in its future.

Fabry, who transitioned from a lecturer of Organic Chemistry to patenting, attributes his career shift to the financial constraints of academia and the intellectual monotony of laboratory work. His interactions with patent attorneys sparked an interest in the intersection of science and law, leading him to explore the economics and controlling of intellectual property rights and innovation management.

When asked about the challenges patent attorney firms might face in the coming years, Fabry highlighted the saturation of the market. He noted that while technology fields such as chemistry, pharmacy, and engineering continue to dominate the business, the increasing number of mandates and patent attorney firms are making it harder to secure new large mandates.

To navigate these challenges, Fabry suggests looking for growth sectors in terms of technology or geography. He believes that life sciences, including new processes and products characterized by the invasion of the genome of plants and animals, will shape the coming years from a patent law perspective. However, he warns that merely offering a new focus is not enough. Law firms must ensure the quality of their work and advice, which requires experts with a scientific background in life sciences.

Fabry also sees challenges at the regional level, particularly with the rise of China in foreign registrations. He notes that among the top five applicants for PCT applications, two are Chinese companies. With Chinese universities producing tens of thousands of new scientists each year and the construction of research campuses across the country, Fabry believes it is crucial for law firms to position themselves in China and communicate with Chinese clients in their native language.

In response to whether European law firms should establish a presence in China, Fabry agrees but adds that size alone is not enough. Law firms must also offer global patent law support from a single source, which requires representation in Europe, the USA, and Asia, preferably China. He warns that law firms that fail to meet this expectation will struggle.

Fabry also addressed the potential for major patent attorney firms to gain more market power. He believes that while this is a possibility, it is not automatic. He suggests that rather than opening new offices in foreign countries, it would be more beneficial for law firms to partner with local well-established firms of similar size.

Finally, Fabry discussed the importance of offering pragmatic solutions instead of academic approaches. He believes that transparency in costs and efficient work processes are key to achieving a unique selling point and satisfying clients’ needs.

Bernd Fabry, born in 1957, completed his chemistry studies at the RWTH Aachen University and received his doctorate in the field of technical chemistry. He has held positions as a lecturer in Chemical Engineering at the University of Applied Sciences Jülich and as Invited Professor of Colloid Chemistry at the University of Louvain. He has also worked in the research department of Henkel KGaA before starting his training as a German and European Patent Attorney. He is currently the Managing Director of his own company, IP2 Patentanwalts GmbH.