Protect your patents with First4Lawyers

What is patent infringement?

Patenting a product or invention is a difficult process, and an infringement of that patent can be a stressful thing to deal with on your own.

As well as being one of the most difficult forms of intellectual property to obtain, patents are also one of the most expensive forms of protection to enforce.

But with the help of a knowledgeable patent solicitor from First4Lawyers, you can ensure that your work is not used without your permission.

If something you have made is protected by a patent then any attempt to manufacture, use, sell or import your product without permission may constitute an infringement of your intellectual property right. This is considered a civil offence under the Copyright, Designs and Patents Act 1988.

Patent application guidance can be found on the gov.uk website.

Depending on what type of work you have patented, a breach can occur in different ways, such as:

• Where your patent applies to a product – the making, offering to dispose of, using, importing or keeping of your patented product without your permission.
• Where your patent applies to a process – the use, offer for use, disposal of, offer to dispose of or import of any product obtained by the process you patented.
• Where your patent applies to an invention – anything that enables a person to put the invention into effect without authorisation from the patent holder.

What are the penalties and remedies for patent infringement?

Depending on the details of your case, a successful claim for patent infringement could result in the following remedies being offered to you:

• Damages to rectify any financial harm (paid for by the defendant).
• An injunction to prevent further infringements by the defendant.
• An account of profits from the defendant.
• The destruction of delivery of the infringing items.
• A court declaration that the patent is valid and infringed.

The court might limit the damages paid by the defendant in cases where they were unaware of the patent’s existence.

I believe someone is infringing my patent – what should I do?

The Intellectual Property Office - where you will have applied to get your patent - will not enforce your patent or address any issues relating to infringement.

It is advisable to act with caution when seeking to sue for patent infringement. If the threat to sue is found to be unjust, because your patent was invalid or because there was no infringement being made, then significant financial responsibility for court costs and damages may fall to you.

Our solicitors have a strong background in handling patent infringement cases and will be able to advise you on the strength of your case.

I am being sued for patent infringement – what should I do?

If someone accuses you of infringing their patent and you did not realise your actions constituted an infringement, you might wish to consider complying with their request in order to avoid a further case against you.

If you wish to contest their allegation, it is advisable to seek assistance from a specialist patent lawyer to help guide you through what can be a complicated process.

You may have a defence that your actions do not constitute an infringement of the patent.  In this case you'd need to prove that they are wrongly accusing you.

If you are aggrieved by any threat of patent infringement made against you, you can ask the courts for an injunction to stop the threats – but only if the patent is invalid or if the threat is unjustified.

If you are successful, the court may order the party making the threat to cease, to declare that the threats were unjust or to award damages to you.

How can First4Lawyers help?

Our legal advisors are here to assess your legal needs free of charge and with no obligation.  If we can help, you'll be provided with a specialist solicitor who will help build your case.