Patent Infringement

What is a Patent?

Patents deal with protecting creations of the mind – ideas, inventions and innovations.

A patent’s benefit comes in the legal right it grants for this invention, providing exclusive rights associated with it, for a set amount of time. This dissuades competitors from making, using or selling the invention, and if they do, allows you to make a claim of infringement.

The invention should be:

• New: The invention is not known to the public anywhere in the world.
• Inventive: Genuinely innovative and not a variation of a pre-existing idea.
• Capable of industrial application: Something that can be used in the real world.

You may wish to have a patent in place for a range of reasons:

• Protecting your business’ competitive advantage.
• Expanding revenue streams through licencing agreements.
• Allowing you as an individual to commercialise your idea with businesses.

For a deeper understanding of patents and how they differ from copyright, trade marks and other types of intellectual property, we’ve written a guide here to assist.

Understanding Patent Rights

UK Patents and the IPO

In the UK, a patent is granted through the IPO. Legal rights and exclusivity that come with a UK patent are limited to the UK alone. Enforcement takes place in UK courts, both the dedicated Intellectual Property Enterprise Court (IPEC) and the High Court.

International Patents and the UPC

While there are a few exceptions, most countries have their own patent laws and patent offices through which a patent may be registered.

However, many countries, both those with and without national patent laws, are members of international agreements and member bodies which cover their geographical area and jurisdiction.

Through routes such as the recently created Unified Patent Court (UPC), the European Patent Office and the Patent Co-operation Treaty businesses have the ability to seek protection in multiple territories.

This is particularly appealing to SMEs who may not have the resources to file patents individually across the 18 EU member states who have ratified the UPC agreement.

How to Protect a Patent

• Registering your patent: Apply via the relevant office, such as the IPO in the UK.
• Monitoring the market: Set up systems for staying abreast of competitors’ developments to see if they infringe on your patent.
• Check your deadlines: Patents last for a set length of time. Make sure you renew your patent to close gaps in protection and rights.
• Licensing and assignments: Have agreements in place controlling the use of your invention to allow you to both monetise and control usage as per your wishes.
• Making a claim: For suspected infringement, take action to protect yourself.

How Napthens Supports Clients

Patent infringement cases are led by our specialist Intellectual Property team, entirely dedicated to matters of contentious IP and IP litigation.

This means that Napthens has the expertise to take your patent all the way through from analysis to litigation.

The stages of dealing with patent infringements cases are as follow:

1.     Analysis

Assess whether infringement has taken place based on the nature of the patent and the suspected infringement.

2.     Correspondence

Dispatch cease and desist letters or response strategies.

3.     Negotiation

Where possible, we aim to settle out-of-court to achieve your commercial goals without the need for costly court fees. This can be achieved via alternative dispute resolution (ADR) such as mediation.

4.     Injunctions

Take action to prevent further infringement via injunctions that set future boundaries.

5.     Court litigation

If settlement is not possible, we represent you in court.

6.     Enforcement

Following the court order, we ensure long-term success by securing damages and the ‘delivery up’ of infringing goods.

Napthens’ other teams are available to support you based on the idiosyncrasies of your situation. For example, our corporate team can assist in M&A activity, our employment law specialists can develop confidentiality obligations, or our commercial team can draft tight licensing or collaboration agreements. There’s an expert for any challenge that comes your way.

With offices across Manchester, Liverpool, Preston, Blackburn, Southport, Lytham and Kendal, we have a strong track record of working with regional, national and international businesses in both claiming and protecting against patent infringement.

Get in touch via our form to speak with an expert.

FAQs