Patent Infringement and Patent Disputes

Patents give their owner a powerful intellectual property right. The owner of a patent has an exclusive right to stop others from making, selling, importing or using the patented invention.

The sanctions for infringement can be serious. Patent infringement may occur in various circumstances, most notably

• where a third party manufactures, distributes or sells a patented invention without permission.
• where another patent owner claims that its technology is being infringed by the patent owner.  This might be because the patent owner should obtain a licence to use other patented technology before making the patented invention.
• various disputes could arise due to the patent owner not having done a freedom to operate search.

Patent disputes can also arise where:

• There is a dispute over who owns an invention
• There has been a breach of contract, such as a breach of the licence terms under which the invention can be exploited, such as a technology transfer agreement

Depending on the facts, the first step might involve the sending of a cease and desist letter.

You should immediately seek legal advice before sending such a letter and on receiving this type of letter. We are well placed to advise on patent disputes.