Patents

What is a Patent?

A patent protects new inventions by granting inventors exclusive rights to make, use, sell, and license their inventions for a limited period, typically 20 years, from the filing date. Patents are available for inventions that are new, involve an inventive step, and are capable of industrial application. Patent protection helps inventors prevent others from exploiting their inventions without permission.

Once granted, a patent gives the owner the exclusive right to:

• Make the patented invention;
• Use the invention in business or industry;
• Sell or offer the invention for sale;
• License others to use or make the invention; and
• Prevent others from making, using, or selling the invention without consent. 

What is Patent Infringement?

Patent infringement occurs when a party, without the patent owner’s permission, makes, uses, sells, or imports a product or process that falls within the scope of a protected patent. This can include:

• Direct copying or manufacturing of the patented invention;
• Using a patented process without authorisation;
• Importing or selling products made using a patented process; and
• Supplying components for use in a patented invention.

What are the Remedies for Patent Infringement?

Courts may grant injunctions to stop the infringing activity, order the delivery up or destruction of infringing products, and award damages or an account of profits to compensate for any financial loss suffered by the patent owner. 

The infringer, if they lose, can also be ordered to pay legal costs incurred by the owner in bringing the claim. 

What are the Defences to Patent Infringement?

There are various defences that a party can assert if accused of patent infringement. The most significant include:

• The patent is invalid (e.g., the invention is not new or lacks an inventive step);
• The alleged infringing act does not fall within the scope of the patent;
• Experimental use or research exceptions; and
• Use of the invention for private and non-commercial purposes.

How can Samuels Solicitors help?

If infringement of your patent has taken place, it is important to act as quickly as you can to protect your rights. Our experienced team can assist by preparing a formal letter of claim demanding that any infringement ceases, applying for injunctions to stop any ongoing infringement, and pursue claims for damages to recover losses that you have suffered. 

If you have been accused of infringement of a patent, you should not ignore the correspondence you have received. Our lawyers can assist by preparing a letter of response, engaging in alternative dispute resolution discussions with a view to settlement, and defending any court proceedings which have been issued against you. 

Contact us today for an initial discussion about how we can help.