Many of you want to get patents for your inventions. For that you approach patent attorneys. They fill your patent registration form and help you with the entire patent registration process. Finally, you get your patent. Then what? How is patent infringement determined? How do you prevent others from infringing on your right? How do you enforce your patent rights? Let us answer some of these questions here.
- How is it determined that your patent has been infringed?
Before we can answer this, we need to acquaint ourselves with some patent terminology.
Patents constitute ‘claims’. These ‘claims’ make your invention unique.
If someone else’s invention has exact same claims as yours, then we can say that their claims infringe your patent. This is a literal infringement.
Another infringement is called the ‘Doctrine of equivalents’. This constitutes those inventions that have claims that are very close to your invention.
If someone’s invention performs substantially the same function, in substantially the same way to obtain the same result. If this is the case, we can still say that your patent has been infringed.
- What will you do if someone is infringing on your patent?
Keep in mind that the patent office simply accepts or rejects the Patent Application. It is your responsibility to make sure that it is enforced and not infringed.
As soon as you realize that your patent right is being compromised by someone, you must immediately contact a Patent Advocate. You will need to file a patent infringement lawsuit according to their guidance. Patent Agents will help you to evaluate how strong your case will be.
Note that Patent lawsuits are difficult. You will definitely need Patent Consultants if you want to bring it to a successful end.
- How will a patent infringement case unfold?
When you bring forth your patent infringement case, the accused can bring a number of defenses to bolster his claim that he has done no wrong. He can say that the patent disclosed much before the patent application or that his device does not actually infringe your patent. He can also work towards proving that your patent is invalid. This is the most common defense. He is sure to attack your patent on the basis of its patentability, subject matter, utility, novelty, non- obviousness and prior disclosure. You need a good patent advocate to help you prove the worth of your patent on all these counts.
If by any chance, the court determines that your patent is actually invalid, you will lose your patent rights. If you want to avoid this disaster, you can settle for an out- of- court settlement.
Now that you know that just having a patent is not enough, you should be wise enough to contact good Patent consultants like us. We, at Soni & Soni are experienced in helping clients protect their patent rights and ensuring that they are the only ones who get benefit from their inventions.