If you have a patent that you are granted and someone uses your invention, that person infringes your patents and you are entitled to a court case to stop them Yes. Here we explain exactly what constitutes infringement.
First, it is important to understand that a patent is a territory. British patents can only be used in the UK to prevent infringement. If you want to protect your invention elsewhere, you will need to file a corresponding application for a foreign patent, perhaps including an application for regional rights like European patents.
Patent infringement act
Therefore, assuming you own a British patent or a European patent valid in the UK, others in the UK can not do one of the following without your consent:
- Disposal, disposal, use, import, or storage of the patented product.
- Use a patented process.
- Provide a patented process for use. Egypt
- Propose to disposal, disposal, use, import, or storage of products obtained directly from the patented process.
This list essentially covers all commercial activities related to patented products. Obviously, manufacturing or selling a patented product is an infringement. Although probably not so obvious, holding a patented product for commercial purposes is simply an infringement. Competitors can not sell infringing products when the patent expires.
There are some caveats in the above list. First, if you know that an infringer is an infringer, it is the only infringement to use or use the patented process. The infringer can not intentionally make it blind. If it is clear that they infringe the patent, there is no need to prove what the infringer actually knows. Knowledge requirements do not apply to infringement on patented products.
For infringement acts including revolving using products obtained directly from the patented process, there is no need to process in the UK. The actual act of producing the product may not exist before infringing the British patent, but importing into the UK is an infringement, once you enter the country, doing something else will be further infringed.
There are a few exceptions to infringement, the most important of which is that infringement of what is done for private and noncommercial purposes is not infringed. Patents are designed as commercial tools and are not enforced for private individuals who are not acting in the course of business. Other exceptions are not very widely applied, for example, for temporary use on vessels and aircraft in the UK, for experimental purposes, limited use on farms, and health trials.
Scope of granted patent
In order to judge whether a specific act violates a patent, it is necessary to consider what the patent actually covers. In many cases, it is obvious that a particular product is subject to a patent, but sometimes the scope of a patent may be more serious. Lawyers can decide whether a particular product falls within the scope of the claim.
Reseller and end user
If a patented product is obtained from a patent or licensee by normal sale, there is an implicit license to use or resell the product.
Infringement of contribution
Those who provide a means relating to the essential elements of the patented invention, if he knows that the means he is using will be used to validate patented income in the UK (or apparently There is), committing a crime of infringement.
For example, suppose that a chair is patented and the granted patents require that the chair have, among other things, legs. People who sell chairs without legs can add criminal charges to contributory infringement chairs because they will add foot to make it available. Even if the chair does not turn into an infringing product (because the patentee intervenes), the supplier is impossible and the supplier knew it, if it was the recipient's intention to construct an infringing chair. If you believe honestly that suppliers were planning to export parts made chairs outside the UK, the only way that suppliers can not win is. In that case, overseas construction is not an infringement.
Generally speaking, if the delivered product has at least one plausible use that does not infringe, the supplier will not infringe by supplying the product. However, if the supplier induces infringement, even if you supply staple products you may infringe. For example, it may be an infringement to attach a series of instructions to some common construction materials explaining how to make a material a patented product.
For contributory infringement to occur, both the supplier and the recipient must be in the UK.
Infringement remedy measures
The infringed patentee has the right to apply to the court for any of the following:
In junction
Injunction is a court order to prevent infringers from further conducting infringing acts. In recent years, the courts are increasingly willing to award various types of interim injunction orders to protect patents in the course of judgment. In Scotland you may be awarded arbitration that is essentially the same as the injunction between England and Wales.
delivery
For delivery orders, it is necessary for the infringer to transfer all infringing products to the patent owner. Or you can obtain an order to destroy infringing products.
Damages or benefit account
Damages are calculated based on what the patent holder lost by infringement. On the other hand, the account of profits is calculated based on what the infringer got from the infringement act. The patent owner must choose to claim either damages claims or profit accounts. Damages are the most common choice, but if the infringer gains much more than the patentee lost, you can choose the account of profits. Furthermore, because it may be difficult or impossible to calculate compensation for damages, the account of profits may be a simpler basis for billing.
Unreasonable infringement thread
Please be aware that creating an invalid threat of infringement litigation could result in a lawsuit against the creator of the threat. The right to appeal to fraudulent threats is not limited to the recipient of the threat. Rather, anyone afflicted with these threats is entitled to relief. Therefore, threats to retailers can lead to claims from retailers suppliers.
Therefore, only if the nature of the infringer's activities is fully understood, and analyzing the products claimed to be infringed and confirming that it is within the scope of the granted patents, It is very important to cause. Before contacting the infringer, you need to seek advice from a qualified patent attorney.
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