Specialist IP Lawyers - How They Can Protect Your Patents by Tim Bishop

Specialist IP Lawyers - How They Can Protect Your Patents
by: Tim Bishop

If you choose to be IP savvy and patent those important industrial processes and components, you gain the legal right to sue other individuals or businesses who then use these without your permission. The infringement must be done in the course of running a business. This is because the EPO (European Patents Office) provides a service by which, businesses can search through all the registered patents to ensure that the industrial process or component they wish to use is not owned by another.

As mentioned above if someone uses the patented object without your permission, you have the right to 'defend your patent'. The following are steps you can take in order to do this:

Step 1 - Sending a letter

It is always best commercial practice to inform the individual or corporation by letter that they are currently using your patented object without permission. The letter should request politely that they stop doing so immediately.

If you are not dealing with a business contact or customer, it can be beneficial to have this letter come from Intellectual Property or IP Lawyers. Although you are not threatening legal action a letter from your lawyers shows that you have the facility to do so.

Step 2 - Seek an Opinion

If the other side return your letter with a counter-claim i.e. they believe that you have not patented the object, or the object is in fact patented by them, an opinion on the dispute can be sought from the Intellectual Property Office. This opinion is independent and although does not carry legal ground, is a very good indication to who is right in the dispute. The service normally costs around £200 and it can be up to 3 months before this is returned.

Once this comes back, it should be forwarded across to the other side as evidence of your case. However, if the infringement is causing your company considerable losses then it may not be suitable to wait for this period of time.

Step 2 - Negotiations

Seek the services of an experienced dispute resolution solicitor and/or specialist IP Lawyers in order to begin negotiating with the other side. Taking patent claims to court can be extremely costly and it is always sensible to try and reach an amicable agreement before embarking upon that stage.

Your lawyers will inform the other side of your legal rights and rebuke any counter-claims they may have made against you. The next step will be to persuade (via negotiations) the infringer to pay you voluntary compensation. Negotiations could take place via both lawyers, meditation or if unsuccessful - arbitration (which due to paying for the services of a professional arbitrator is more expensive).

Step 3 - Legal Action

If negotiations are unsuccessful then a civil action can be brought against the infringer. If the claim is clear-cut (in the opinion of your solicitor) then they will probably apply for an interlocutory injunction, which will prevent the other side from using the patented object in the period leading up to trial.

Patent cases are heard in the Patents County Court or the Patents Court (a division of the High Court). If you are successful in your claim then the court will award you damages in light of any losses you have suffered. If you have not actually suffered loss, the court may still be inclined to give you nominal damages or a percentage of the profits gained by the other side in using your patented object.

Your IP Lawyers will argue costs for you and if successful, a proportion of your legal fees will be paid by the other side. Nonetheless, as this type of legal action is so expensive, it may be likely that you still have to pay some costs out of your damages awarded.

As patent cases are so complex and are normally always best-solved using negotiation, the earlier you seek professional legal advice from specialist IP Lawyers the better. An experience solicitor can also assist you in drawing up any relevant contracts and/or licensing agreements with the other side if you agree for them to use the patented object at a cost.

About The Author

Tim Bishop is senior partner at Bonallack & Bishop, a firm of IP Lawyers (http://www.intellectual-property-lawyer.co.uk ) specialising in intellectual property advice. He is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 12 years and has plans for its continued development.

The author invites you to visit:
http://www.bishopslaw.co.uk