A key reason to invest in patent protection is to prevent others from copying your innovation. The patent system is intended to allow you, as a creator, to enjoy exclusivity around your technology for a set period of time. Patents allow you to leverage that exclusivity in order to develop your commercial position.
Patent infringement is the contentious side of intellectual property law. We take great care to advise you not just on how to enforce your patent claims against potentially infringing third parties, but also advise on how to avoid infringing others’ patents.
Patent infringement occurs when another party replicates a product or process that is protected by your patent. You can enforce your patent to stop their infringing activities. Patents can only be enforced once they have been granted and the question of infringement is determined by assessing whether the alleged infringement falls within the scope of the claims of the granted patent.
Ultimately, patents are enforced in court. However, there are a number of actions that you can take as a patent holder before reaching the stage of initiating formal legal proceedings. Intellectual property disputes can be expensive and time consuming. With the advice of an expert patent attorney from Keltie, you can find the most cost effective means to achieve dispute resolution.
Infringement works both ways, and you will also want to take care to avoid infringing other people's patent rights. Advice on avoiding infringement is a key service that we provide at Keltie. We can search for patents that might be relevant to your activities, assess infringement risk, and provide guidance on avoiding infirngement, for example by making particular design choices.
Issues of patent infringement can appear intimidating, but they don't need to be a barrier for you and your business. We can help you get the infromation you need to make informed choices, and to spot potential issues at an early stage, while risk can be most easily managed.
Patent infringement issues can be resolved through many different routes. While some may end up in court, in reality, there are a number of steps which can be taken before a patent dispute requires court action. Many disputes can be resolved through negotiation or mediation, with outcomes that might include taking or granting a licence, ceasing infringing activities or accepting royalty or damages payments. At Keltie, we can advise you on how to achieve a balanced, cost effective and commercially acceptable resolution to an intellectual property dispute.
When it comes to enforcement of patent rights in the courts or through mediation, we partner with the best litigators in the profession. Each and every case is different, so we feel it is crucial to utilise the skills of the most experienced barristers and litigators in order to achieve the most desirable outcomes. At Keltie, if litigation is needed, we will assemble the best team for you.
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