Patent prosecution is a serious problem for inventors or businesses. If other parties identify your infringement, you could receive grave consequences. This article will explain several types of infringement and what you can do to avoid them.
You must understand patent claims, especially in the event of a problem. Explore the intricacies of Understanding Patent Claims.
6 Types of Infringement that Leads to Patent Prosecution
There are several types of patent infringement. It is important to understand the types to make sure that you are not accidentally violating intellectual property rights and end up dealing with this kind of prosecution. Here are 6 types of patent infringement:
1. Direct Infringement
This type of infringement occurs when someone directly violates a patent right. This includes making, using, selling, offering to sell, or importing your patented works or innovations.
2. Indirect Infringement
This type of infringement happens when someone provides support for direct infringement activity. This includes inducement or contributory infringement.
3. Induced Infringement
This happens when someone who understands or knows about the patent encourages other people to commit the infringement acts. For example, a person is providing instructions for recreating patented works or inventions. Then there will be patent prosecution due to induced infringement.
4. Contributory Infringement
When someone supplies components of the patented invention despite knowing that the component will be used to create a patented invention by infringing a patent.
5. Literal Infringement
Literal infringement is when the works or invention meets every limitation in a patent claim. However, if one component is different, then it will not be considered a literal infringement.
6. Infringement under the Doctrine of Equivalents
This type of infringement occurs when the pieces of a product or process are not substantially different from the limitation in the patent claim.
How to Avoid Patent Infringement
A patent prosecution due to copyright infringement can cost you a lot of money. Therefore, it is important to take the necessary steps as follows to avoid getting tangled up in a patent infringement.
1. Check the Relevant Patents
If your product is based on a competitor’s product, make sure to check and look for any patent markings. You have to clear any patent number or markings before you launch your product.
You can also conduct a freedom-to-operate search to find patents that are relevant to your product. This way, you will be able to review every patent that you find to make sure that you are not accidentally involved in an infringement that leads to patent prosecution.
2. Review the Claims of These Patents
Sometimes a patent discloses something similar to a product; however, it does not always mean that your product is infringing the patent. You will need to review the patent protection scope.
3. Modify Your Products
Lastly, if the patent claims cover your product, then you have to modify your product to avoid patent infringement. Find any limitation that you can leave out but still has the primary function or selling features.
How to Faces Accusation of Patent Infringement
Patent infringement is a serious problem and can get you into trouble. Patent prosecution can cost you a lot of money. Sometimes, you will end up losing profits, and royalties, and even cost you attorneys’ fees and treble damages.
If you receive a letter that accuses you of infringement, do not ignore it. Here are what you can do:
1. Evaluate the Infringement Accusation
With the help of a reliable attorney, you can review the infringement accusation letter. This way, you can review the allegations carefully and thoroughly. If there are no specific details, your attorney can help you request this information.
2. Review the Patent
The next thing to do is review the patent prosecution claims and previous history. When you know this information, the attorney can help you understand how serious or how much you infringe the patent.
3. Try to Find Possible Prior Art
An attorney will help you conduct a prior art search. If there is in fact prior art that is similar to the one that you were accused of infringement, the claim may be invalidated.
4. Re-design Your Product
If your product does infringe a patent, then with the help of the attorney, you can redesign the product to avoid patent infringement.
5. Negotiate
Your attorney can also negotiate with the original owner of the patent. Sometimes, you are allowed to use the patented work but you will need to share or pay a royalty in return.
6. Find A Litigation Representation
You will need litigation representation if you want to defend yourself in court against an infringement lawsuit. Make sure to find a reliable law firm to represent your case in court.
It’s essential to understand the regulations related to the object and country, especially when seeking to patent your plan. In the case of patenting in Indonesia, for example, Law No. 13 of the Year 2016 about Patents is applicable. Explore how the European Patent Office is set to review gene-edited crops.
Patent infringement is a serious problem, therefore, you will need professional help to assist your intellectual property problem. Am Badar & Am Badar Law Firm offers patent prosecution services that will help you with your infringement cases. With their extensive experience and knowledge, your patent issues will be resolved without hassle. Contact us and get more insights about this matter!
References
- https://polaseklaw.com/the-complete-guide-types-of-patent-infringement/
- https://ocpatentlawyer.com/how-to-avoid-patent-infringement/
- https://www.traskbritt.com/how-to-design-around-and-avoid-patent-infringement/
- https://www.goodmanallen.com/accused-of-patent-infringement-heres-what-to-do/
Reviewed by Nabil Argya Yusuf
