Assault rifle Bundeswehr: Haenel explains why HK patent is invalid

Exclusion of C.G. Haenel from the assault rifle tender: Haenel states that the nullity of the alleged patent is to be assumed in the latest statement.

• BAAINBw obviously aware of nullity
• Exclusion of C.G. Haenel is inadmissible

By a preliminary information letter dated March 2, C.G. Haenel was excluded from the tender process "Project System Assault Rifle" by the BAAINBw. An alleged infringement of a patent held by Heckler & Koch was cited as the reason. C.G. Haenel raised an objection to this decision on March 4.

It is safe to assume the nullity of the alleged patent.

The alleged patent, which is not a patent

The allegedly infringed patent by Heckler & Koch is the patent EP 2018 508 B1.

According to the definition [0014] in the patent, the object of the invention is to make the weapon more robust against any malfunctions, especially malfunctions due to being in water or another liquid. (Featured image above: Dutch combat swimmers with HK416 resurfacing)

The Heckler & Koch patent shows (Figure 1) a centered bore (COLT M4 standard and not explicitly mentioned as an invention), three off-center bores (No. 56, 58, 60) in the so-called buffer housing (see Figure 1), and two bores on the bottom of the buffer housing (Figure 2).

However, regarding the buffer housing, the MK 556 was delivered to the Bundeswehr with the construction standard of the COLT M4 rifle. This standard of the COLT company has existed since 1994 and is used by numerous manufacturers. According to the standard, the MK 556 has a centered bore of the buffer housing (Figure 3). There are no bores on the bottom of the buffer housing. Furthermore, the

MK 556 uses a completely different technical solution than the relevant Heckler & Koch patent to ensure the Over the Beach capability.

The COLT M4 was introduced to military and law enforcement forces as early as 1994. The widespread adoption led to component interchangeability desired by NATO states between different manufacturers, which is used as an industry standard by millions. The centered bore was adopted by numerous manufacturers and is now referred to as the COLT standard.

The MK 556 was able to fully pass the Over the Beach test with the COLT standard and the additional technical solution developed by them. Additional bores were not needed.

The nullity of the patent is apparently known

According to media reports, the BAAINBw is said to have obtained a third opinion that deals with the nullity of the patent. The experts apparently concluded that the patent is null. Despite requests, the results of this opinion have not been shared with C.G. Haenel. However, this would have been necessary for a comprehensive response to the threatened exclusion.

However, the BAAINBw has also not denied that an opinion on the nullity of the patent exists. Therefore, it must be assumed that such an opinion actually exists and that the nullity of the Heckler & Koch patent is known to the authority.

Against this background, the exclusion of C.G. Haenel is even more unfounded.

Exclusion of the successful tender product against better knowledge

C.G. Haenel rightfully won the tender in September 2020 by submitting the best overall package. Following the positive decision of the BAAINBw, the company put a lot of effort into answering subsequent questions regarding the comprehensive manufacturing capacity in Suhl and the ownership structure of the company in contrast to the investor Caracal from the United Arab Emirates to general satisfaction.

Now we are faced with alleged patent infringements, the nullity of which is obviously known to the authorities, and we will work with the same care and dedication to refute the fabricated accusations.

HAENEL DEFENCE online: www.cg-haenel.de/defence_de

HECKLER & KOCH online: www.heckler-koch.com

The Bundeswehr online: www.bundeswehr.de

MORE ASSAULT RIFLE BUNDESWEHR ON SPARTANAT

HERE we present the Haenel MK556 on SPARTANAT.

HERE the Bundeswehr confirms the decision.

Heckler & Koch responds to the decision of the Bundeswehr.

Haenel explains about the MK556.

The Empire strikes back - Bundeswehr, Heckler & Koch and Haenel

This is how the Bundeswehr sees the situation - they want an expert opinion

Haenel wants to continue - and explains about the MK556 and why they can also reliably deliver.

Expert opinion is here - what happens next.

Haenel pushed aside - HK wins the Bundeswehr contract.

Bundeswehr: Germany's next Top Model

Haenel strikes back. First statement from the Suhl weapon forge.

Haenel is now taking legal action. And explains on SPARTANAT why.