GDPR-Compliant Patent Software: The Complete Guide for Law Firms

The General Data Protection Regulation (GDPR) places special requirements on patent law firms. Client data, invention disclosures, and patent strategies are among the most sensitive information. This article explains what to look for when choosing patent software.

Why Data Protection is Especially Important for Patent Attorneys

Sensitive Data in Patent Practice

Patent attorneys process highly sensitive information daily:

Invention secrets: Not yet published technical innovations
Business strategies: Competitive information and market analyses
Personal data: Inventor names, contact details, compensation claims
Client correspondence: Confidential communication

Professional Obligations

Beyond GDPR, patent attorneys are subject to additional confidentiality obligations:

Professional rules: Attorney-client privilege
Ethical codes: Professional conduct requirements
Engagement agreements: Contractual confidentiality provisions

GDPR Requirements for Patent Software

1. Data Processing in the EU

The GDPR has strict rules for data transfers to third countries.

Requirements:

Server location within EU/EEA
No data transfer to US companies without Standard Contractual Clauses
No processing in countries without adequate data protection level

WunderIP solution: All data is processed exclusively on European servers in Germany. No data transfer outside the EU.

2. Data Processing Agreement (Art. 28 GDPR)

When using cloud-based patent software, you need a Data Processing Agreement (DPA).

The DPA must include:

Subject and duration of processing
Nature and purpose of processing
Types of personal data
Technical and organizational measures (TOMs)

3. Technical and Organizational Measures

GDPR-compliant software must implement adequate security measures:

Measure	Requirement
Encryption	End-to-end for transfer and storage
Access control	Role-based permissions
Logging	Audit logs for all access
Backup	Regular, encrypted backups
Deletion concept	Automated data deletion after retention period

4. Ensure Data Subject Rights

Your patent software must support exercise of data subject rights:

Right of access (Art. 15): Export all stored data
Right to erasure (Art. 17): Complete data deletion on request
Right to data portability (Art. 20): Machine-readable data export

Special Risks with AI-Based Patent Software

Data Use for AI Training

Many AI providers use user data to train their models. This is absolutely unacceptable for patent information.

Ask your provider:

Are my queries used for AI training?
Can other users access my data?
How is data deleted after processing?

WunderIP guarantee: Client data is never used for AI training. All queries are processed in isolation and deleted after the session.

US Cloud Act and FISA

US providers are subject to the Cloud Act and FISA Section 702. These laws can enable US authorities to access data – even if servers are in the EU.

Risk mitigation:

Prefer European providers without US parent company
Check your software provider's corporate structure
Avoid Microsoft, Google, Amazon services for sensitive data

Checklist: GDPR-Compliant Patent Software

Must-Have Criteria

Server location in the EU
Data Processing Agreement available
Encryption in transit and at rest
No data use for AI training
Audit logs and access protocols
Deletion function for data subject requests

Should-Have Criteria

ISO 27001 certification
SOC 2 Type II report
Regular penetration tests
European provider without US involvement
On-premise option for maximum control

On-Premise vs. Cloud: Which is More Secure?

Cloud Solution

Advantages:

Automatic updates and security patches
Professional hosting by specialists
Scalability

Disadvantages:

Data outside the firm
Provider dependency

On-Premise Solution

Advantages:

Complete data control
No external data processing
Meets highest security requirements

Disadvantages:

Own IT infrastructure required
Higher maintenance effort

WunderIP offers both: Use our secure EU cloud or install WunderLocal on your own infrastructure – completely air-gapped without internet connection. More about WunderLocal →

Practical Implementation in the Firm

1. Conduct Risk Analysis

Identify what data you process and what level of protection is required.

2. Evaluate Providers

Review potential software providers against the above checklist.

3. Conclude DPA

Sign a Data Processing Agreement before use.

4. Train Staff

Sensitize your team to data protection requirements.

5. Review Regularly

Check compliance at least annually.

Conclusion

GDPR-compliant patent software is not nice-to-have but a professional necessity. When selecting, pay particular attention to European servers, Data Processing Agreements, and exclusion of data use for AI training.

WunderIP is 100% GDPR-compliant with European servers and optional on-premise installation. Learn more →

GDPR-Compliant Patent Software: What Firms Need to Know