Whether you have protected your innovation with a patent or not , you can still come into contact with Intellectual Property rights of others as soon as you go public. It is possible that you are infringing a patent of someone else.
This is what we call infringement. If you are accused of a patent infringement, or not sure if this might happen, we advise that you first of all find out if this is indeed the case. When you decide to ignore a legitimate accusation and simply carry on with your daily activities, you are risking being summoned to appear in court. This will often result in a demand that the infringer (you) immediately cease its activities and be held accountable for damages.
Then you contact us
First of all we start by collecting all the facts.
The patent owner’s proof
Which patent right are you infringing exactly? Is that still a valid pantent? And where are these patents validated? Does your idea really fall inside the scope of their protections or did you design an alternative technological solution?
If they seem to be correct
If your invention does fall under the patent held by another party, we will investigate the validity of their patent rights. Was their patent granted without doubt or a disputable? Was the patent granting organisation well enough informed on the subject of their invention? Was the granting procedure executed correctly with all of the formal steps taken?
Maybe it is possible to object the validity of their patent in order to stop their accusations there and then.
When they are right
What if you are indeed infringing? This does definitely not mean that you have to give up and pay fines or worse. There are many possible ways to come to an agreement with the your opponent party. If parties settle an agreement, you could continue your operations by getting licenced, swap rights or buying their patent
In short, an infringement accusation dos not mean it’s the end of the world. But, you have to take it seriously and call us. With a professional investigation and the right people at your side it is definitely possible to come to a satisfying outcome.
We are used to consulting both patent owners as well as accused infringers. We know how to take cases to court, and winning them. We always conduct litigation with experienced IP lawyers.
We can imagine you might have questions. Please feel free to get in touch.