Infringement and Enforcement

Checking for infringement will help get your application granted. Then, once you have your patent, you can enforce your legal rights. We can support you (and minimise stress) through any stages of infringement and enforcement.

Infringement analysis and design-around

Assessing infringement threats is fundamental if any risky patents are identified before product launch. Launching a product which infringes someone’s patent can result in a claim for damages, an injunction and a hefty lawyer’s bill. So it is always best to reduce risk pre-launch.

Using our knowledge of patent law and technical expertise, we can provide you with an honest, objective opinion on infringement risk. If you are staring an infringement action in the face, we can help you redesign your product to mitigate that risk. If that’s not possible, we can support you in seeking a commercial resolution, such as licensing from the patentee.

Defending infringement claims

If you are facing a claim for patent infringement, we will steer you through the process and hopefully avoid court. 

Whenever a pre-claim letter (also known as a letter before action or “cease and desist”) arrives, it can be easy to panic. Particularly when they have an aggressive tone. But there is no reason to react immediately. We understand the law and the protections it affords, giving us time to understand and fully assess the claim.

We will look at the claim objectively and thoroughly before giving our honest opinion of the situation. In some cases, the claim may be baseless. In others, it may be arguable. Whatever the situation, there is often a commercial resolution to be had that does not involve litigation, which we can help you reach.

Enforcing patents

If you are not going to enforce a patent, what’s the point of having it? In one word, leverage. The threat of enforcement is usually enough to bring infringers to the table and gives the patentee an upper hand when negotiating commercial resolutions. Whether you want the competitor’s product off the market or are open to a licence deal, owning a patent gives you a bargaining chip.

That said, sometimes you need to take the next step and issue a claim. We can help you build up to this by setting out your claim to the infringer in clear and concise detail so they fully understand your case. If litigation happens, we have several solicitor contacts who can run the case. We’ll also offer our full support through to trial and beyond.

Opposition

Applying to have patents revoked is a complex and expensive process that often involves the courts. That said, a European procedure allows you to file a patent opposition within nine months of grant. This kicks off a highly streamlined process, typically culminating in a video hearing to determine whether the patent is valid or not. Unlike court proceedings, these procedures are efficient and low-cost. They offer a great opportunity to knock out any invalid European patents which may cause problems if unchallenged.

We are experts in the European opposition process. We are also firm believers in avoiding unnecessary costs. In one recent case, we reached out to the other side and gave them the opportunity to voluntarily restrict their patent. They took this option, avoiding the need for a hearing and saving costs on both sides.