What is a Patent?

A patent is a right given by a government to an inventor to protect their invention for a limited time. It can be for a product, process, machine, design, or composition. A patent allows the inventor to stop others from making, using, selling, or importing the invention without permission.

What is Patent Infringement?

Patent infringement occurs when someone uses, sells, or offers for sale a patented invention without permission. It’s basically using someone else’s idea without permission in order to make money or gain an advantage.

Different Types of Patent Infringement Cases

There are different types of patent infringement cases. The type of infringement determines the nature of the case. Here are some common types:

• Direct infringement: This is the simplest type of infringement. Someone makes, uses, sells, or offers for sale a product that is almost the same as the patented invention.
• Indirect infringement: This occurs when someone creates or sells a product that is like the patented invention and uses one or more important parts of the invention.
• Induced infringement: Someone encourages or tells another person to violate a patent.
• Contributory infringement: If someone sells a part of a product that is used to make a patented invention, and they know that the part will be used for that purpose, this is what happens.

Defenses to a Patent Infringement Lawsuit

• Invalidity of the Patent: Challenging the validity of the patent itself, arguing that it shouldn’t have been granted in the first place due to:
• Lack of novelty (the invention wasn’t new or unique)
• Obviousness (the invention would have been obvious to someone with expertise in the field)
• Non-enablement (the patent doesn’t provide enough information for someone to make and use the invention)
• Non-Infringement: The accused product or process doesn’t infringe on the patent’s claims, even if the patent is valid.
• Patent Exhaustion: The accused party can use or resell the patented product because the patent holder has already sold it.
• Experimental Use: The accused argued that their use was for research or experimentation. These types of uses are often exempt from infringement claims.
• Prior Use: If the accused party can show they used the invention before the patent was filed, they may have a defense based on prior use.

Patent Infringement Penalties

• Monetary Damages: The patent holder can receive money to make up for their losses. The losses can include:
• Lost profits
• Reasonable royalties (fees the infringer would have paid for a license)
• Injunctions: A court can order the infringer to stop making, using, or selling the product that is infringing.
• Enhanced Damages: If someone intentionally copies something without permission, the court can give them enhanced damages. These damages can be up to three times the amount of the actual damages.
• Attorney Fees: In some cases, the court may also award attorney fees to the patent holder.

Analysing Patent Infringement

Analyzing patent infringement involves a comprehensive assessment of the accused activity or product against the claims of the patent in question. Here’s a step-by-step guide on how such an analysis is typically conducted:

1.Understanding the Patent: Analyze the patent’s claims to find out how much protection the invention has.

2.Examining the Accused Product or Process: Compare it to the patent claims to identify any potential infringement.

3.Considering the Doctrine of Equivalents:The product being accused may still infringe based on the doctrine of equivalents. This can happen even if it doesn’t literally infringe on the claims. It occurs when it performs the same function in the same way..

4.Seeking Expert Opinion: To determine if infringement has occurred, it is important to consult with a patent attorney or expert. Talk to IP lawyer today and know more.

Avoiding Patent Infringement

1.Conducting Thorough Patent Searches:Before creating, producing, or using a new product or process, make sure to do thorough patent searches. These searches will help you find any relevant patents.

2.Designing Around Patents:If you find a patent that could be relevant, change your product or process to avoid infringing on its claims.

3.Obtaining Licensing Agreements: To use a patented invention, get permission by seeking a licensing agreement with the patent holder.

4.Staying Informed: Stay updated on new patents in your industry to prevent potential infringement problems.

Contacting a Lawyer for a Patent Infringement

Here are the steps to connect with a lawyer through AccountsWaale :

1.Find the ‘Talk to IP Lawyer’ option

2.Provide details: Please complete a form with your contact information. Include a brief description of your case and any specific requirements.

3.Submit the request: Once you submit the form, our experts will contact you

4.Receive lawyer suggestions: A AccountsWaale representative will usually call or email you to talk about your case and give you a list of qualified lawyers..

Penalties for Patent Infringement

In India, potential penalties for patent infringement include:

• Injunctions: The court ordered the infringer to stop making, using, selling, or importing the product or process that infringes.
• Damages: The patent holder receives money to cover losses from the infringement. This money is called monetary compensation.
• Lost profits (profits the patent holder would have earned but for the infringement)
• Reasonable royalties (fees the infringer would have paid for a license to use the patent)
• Account of profits: In some cases, the court may order the infringer to pay the patent holder the profits they made from the infringing activity.
• Enhanced damages: If someone purposefully copies without permission, the court can give them up to three times the actual damages as a penalty.
• Costs: The court may also order the infringer to pay the patent holder’s legal costs.

Why AccountsWaale

• Patent infringement analysis: Our attorneys will conduct a thorough analysis of your patent and any potential infringement to help you determine the best course of action.
• Legal representation: We can represent you in court proceedings related to patent infringement, including litigation and settlement negotiations.
• Patent portfolio management: Our team can help you manage your patent portfolio and develop strategies to protect your intellectual property rights.

Contact us today to schedule a consultation and learn how we can help you protect your valuable intellectual property.