Patent Infringement
When someone uses patented inventions without permission, mediation provides a way to resolve licensing and compensation disputes.
About Patent Infringement
When someone makes, uses, or sells a patented invention without permission, it can have significant financial consequences for both parties. You might encounter situations involving complex technical questions about whether a product or process infringes the patent. These situations are concerning because they involve intellectual property and can affect business operations.
Mediation provides a confidential space to discuss patent infringement disputes. A neutral mediator helps parties work towards mutually beneficial outcomes. This approach can resolve disputes efficiently while protecting valuable relationships and intellectual assets.
Through mediation, you can explore options such as licensing agreements or royalty-sharing models. The process is less adversarial than litigation and focuses on finding creative solutions. Many parties find that mediation resolves patent disputes more quickly while addressing compensation issues.
What is it?
Patent infringement involves unauthorised use of a patented invention. This may include making, using, selling, or importing the patented invention without permission. Patents provide exclusive rights to inventors for a limited period in exchange for public disclosure of the invention. Patent protection typically lasts 20 years from the filing date.
Types of patent infringement include direct infringement where someone makes, uses, sells, or imports the patented invention without permission, indirect infringement where someone contributes to or induces others to infringe, and knowing infringement where someone knowingly infringes a patent. Establishing infringement requires showing that the accused product or process falls within the scope of the patent claims.
Your rights and options
When someone uses patented inventions without permission, you have options for resolving the situation. You can pursue legal proceedings for patent infringement, seek mediation to find practical solutions, or negotiate directly. Mediation is often the most effective approach because it allows parties to reach creative licensing solutions.
Mediation provides a confidential space to discuss patent infringement disputes. A neutral mediator helps parties work towards mutually beneficial outcomes. This approach can resolve disputes while protecting valuable relationships and intellectual assets.
Document the patent registration and examples of the infringing product. Think about what outcome would address your needs. The Olive Branch can help resolve patent infringement disputes through mediation.
Frequently Asked Questions
What constitutes patent infringement?
Patent infringement occurs when someone makes, uses, sells, offers to sell, or imports a patented invention without the patent owner's permission. Direct infringement involves doing any of these acts with the patented invention. Indirect infringement includes contributory infringement where someone supplies components of a patented invention knowing they will be used to infringe, and induced infringement where someone actively encourages others to infringe. Willful infringement occurs when someone knowingly infringes a patent after being aware of its existence, which can lead to enhanced damages.
How do you prove patent validity?
Patent validity can be challenged on various grounds including that the invention was not novel, that it was obvious to someone skilled in the art, that the patent does not adequately describe how to make and use the invention, or that the patent claims more than what was actually invented. Evidence may include prior art documents such as earlier patents, publications, or public uses that show the invention was not new, expert testimony on whether the invention would have been obvious, and analysis of whether the patent specification meets legal requirements. Patent validity is typically determined through litigation proceedings where the defendant challenges the patent as a defence to infringement.
What damages are available for patent infringement?
Damages for patent infringement may include reasonable royalties based on what the infringer would have paid for a licence to use the patent, lost profits that the patent owner can prove would have been earned but for the infringement, or in cases of willful infringement, enhanced damages up to three times the actual damages. Courts may also award interest on damages and in some jurisdictions, attorney's fees. The specific measure of damages depends on the circumstances of the case, the nature of the infringement, and applicable law. Licensing negotiations and offers can also affect the calculation of reasonable royalties.
Can injunctions stop patent infringement?
Yes, courts can grant injunctions to stop patent infringement. A preliminary injunction may be issued before trial to prevent ongoing infringement during litigation if the patent owner shows likelihood of success on the merits, irreparable harm if the injunction is not granted, that the balance of equities favours the patent owner, and that an injunction serves the public interest. A permanent injunction may be issued after a finding of infringement to prevent future infringement. In some jurisdictions, courts have become more reluctant to grant injunctions automatically, particularly in cases involving standard essential patents or where the patent owner does not actually practice the invention.
Related Specialism
Intellectual PropertySources
International Sources
- Patent Cooperation Treaty (Agreement)
- European Patent Convention (Agreement)
- TRIPS Agreement patent provisions (Agreement)
- WIPO Arbitration and Mediation Center (Guidelines)
- World Intellectual Property Organization guidelines (Guidelines)
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