Patent Infringement - The Basics

Drafting a patent is a complex and often misunderstood process. Having an IP Solicitor familiar with patent development, registration and infringement issues draft the patent is highly recommended to avoid possible complications and challenges. Incorrectly drafting the patent may leave your discovery exposed and possibly even result in other competitors beating you the patent.

There are three common ways in which an infringement can occur on an existing patent;

Accidental Infringement

Accidental infringement can occur in markets where there is a great demand for a specific type of product or service. Many companies and individuals may all be working to fill the void in the marketplace. By chance, patents may be filed that are very similar or contain similar elements or materials. With everyone looking to corner the market greater attention will be placed on competing patents with the resulting infringement issues arising. Drafting the patent and ensuring that everything is correct in the patent and registration is essential in minimising this risk.

Working Around the Patent

There are often several ways to get to the same result. However, when one company parallels another company in production, copyright infringement may be an issue. Companies may appear to be avoiding patent infringement by skirting around the current patent with only minimal changes. These sometimes less than obvious copycat issues can only be corrected with a solid, well drafted patent that is clear and concise. Any ambiguity or omissions in the information may create openings for others to simply work around the patent in one or more areas of production.

Copying and Approximating

Large and small companies routinely search new and existing patents. They may discover a patent that has been filed that has omissions or language that is not specific to the actual patent, IP or product. In these situations the company or business may knowingly duplicate, approximate or outright copy the patent since they know the original patent is not comprehensive and the legal owner would not win in Patent Court.

Preventing these common patent infringements begins by working with an experienced and specialised IP Lawyer. The small cost of the professional services you will pay will definitely save you money in the long run if the patent is infringed upon in the future.

On the receiving end of a Patent Infringement?

For free initial intellectual property advice on the phone 

• call (01722) 422300 or
• email advice@intellectual-property-lawyer.co.uk

Home | About | Testimonials | Intellectual Property Articles | Our Intellectual Property Law Services | UK Copyright Law

Design Rights | Patent Solicitors | UK Trademark Law | Intellectual Property Rights 8 Simple Rules | Your Intellectual Property Protectitor Lose It

IP Litigation | FAQ's| Contact

UK Intellectual Property Solicitors–Solicitors providing specialist IP services
Bonallack & Bishop Solicitors (76483) authorised and regulated by the Solicitors Regulation Author