When a new patented technology is introduced in the Market, rivals may attempt to create identical or highly close goods to it in terms of technical characteristics.
Without investing the same resources or incurring the same risks, competitors would have an advantage and could produce a comparable or identical product at a lower cost.
In such a situation, it may put the patent-owning company under unfair competitive pressure. Patent rights enable the owner to prohibit or stop rivals from infringing and obtain monetary compensation for damages.
Infringement may be proved when it is established that the infringing product or technique has each of the claimed elements by the patent owner. Maintaining a competitive advantage, market share, and profitability may require enforcing rights.
Who can enforce patent rights?
The owner of a patent bears the primary responsibility for identifying and prosecuting patent infringers. Of course, training employees to recognize infringers can aid a business in monitoring the marketplace. Nonetheless, a patent owner is responsible for monitoring the Market for its invention, identifying infringers, and determining whether, how, and when to prosecute them.
An exclusive licensee
Independent inventors and small and medium-sized businesses may choose to delegate this responsibility (or a portion of it) to an exclusive licensee.
A patent attorney should be contacted to assist with patent enforcement, both domestically and internationally. Additionally, a lawyer will be able to advise you on the associated costs and risks, as well as the best course of action to take.
Contact Intellectual Property (IP) Lawyer
In general, it is advisable to contact a Patent Attorney in case of infringement. If a patent owner thinks that others infringe on their patented technology without permission, information about who is infringing, how they are infringing, and the impact of the infringement on the patent owner’s company must be gathered as a first step. The patent attorney’s help required evaluating this information and determining the appropriate course of action about the infringement.
Send a Cease and Desist letter.
The patent owners may, in certain instances, with the help of an IP expert, issue a letter often known as a “cancel letter” notifying the accused infringer to desist from the activities which amount to the infringement of the rights of the Patent owner. In a non-intentional violation, this process is typically successful since the offender either discontinues these actions or agrees to negotiate a license agreement.
Filing of interim injunction order in Court
Occasionally, however, surprising the infringer is the best course of action to prevent allowing him time to conceal or destroy evidence. In some instances, it may be prudent to go to Court without notifying the infringer and seek an “interim injunction” to surprise the infringer with a raid on their company premises, often raided by the police. The Court may order the accused infringers to cease their infringement activities until the result of the trial.
Filing of Civil proceedings
Where a business chooses to bring legal action, courts usually offer various remedies to compensate aggrieved patent owners. A patent attorney will be able to provide this information. The Court may order the infringer to identify the individuals responsible for producing and distributing the infringing products or services, including routes of distribution. Also, on the application of the patent owner, the Court may order that infringing products and materials be destroyed or disposed of without compensation.
Out-of-Court Settlement of Patent Infringement Claim
As per the clause in the Agreement
If the infringement of the Patent is done by Licensee, first determine if the contract, i.e. License Agreement has a provision requiring mediation or arbitration. These are alternate and often less expensive methods of resolving disputes than litigating in Court. Even if there is no such provision in the contract or no contract at all, it may be feasible to utilize these private processes if both parties agree to submit to them.
Arbitration is usually faster and less costly than court procedures, and an arbitral decision is more readily enforced globally if the opposing party is a foreign citizen.
A benefit of mediation is that the parties may keep the process casual and work together to reach an agreement that balances their interests. As such, it may aid in the maintenance of positive commercial relationships.
Monitoring the competition is an essential tool to detect possible Patent infringement in the Market. It is advisable to consult an IP attorney before taking any action in response to the alleged breach. Being one of Dubai’s top law firms, HHS Lawyers and Legal Consultants provides all services relating to protecting Patent rights to their valued clients. professionally experienced IP Legal representatives have clear and realistic solutions to safeguard your intellectual property and can assist you with the following:
- To bring an action for Patent infringement by drafting cease and desist letters or legal notice in advance of the lawsuit.
- To give answers to any questions about the validity and infringement of third-party Patents.
- To resolve your dispute with the other party amicably and out of Court.
- 1 Who can enforce patent rights?
- 2 How to stop an unauthorized user from using Your Patent?
- 3 Out-of-Court Settlement of Patent Infringement Claim