Patent Infringement Lawyers Expert Dispute Solutions

Patent infringement may take several forms, such as direct infringement, indirect infringement, and wilful infringement. Direct infringement happens if a patented product is created, used, sold, or brought into the country without permission. Indirect infringement can occur when someone helps or encourages another person to infringe on a patent. For criminal offences related to patent infringement, penalties like fines and imprisonment may be imposed for wilful violations.

Remedies for patent infringement include injunctions, monetary damages, and in some cases, legal' fees.

When facing a patent infringement claim, there are several defences you might consider:

1. Unjustified threats occur when someone on unjustifiable grounds claims that another person is infringing on their patent, trademark, or design rights, and threatens to initiate legal action against them.

2. Invalidity: Challenge the patent's validity by arguing it lacks novelty, is obvious, or doesn't meet other patentability requirements.

3. Non-Infringement: Argue that your product or process doesn't infringe on the patent because it doesn't include all the patented elements.

4. Prior Use: Show that you were using the invention before the patent was filed, which can be a defence under some conditions.

5. Laches: Claim that the patent holder waited too long to enforce their rights, and this delay caused you harm.

6. Patent Exhaustion: Assert that once a patented item is sold, the patent holder's rights over that item are exhausted.

7. Experimental Use: Use this defence if the patented invention was used strictly for experimental purposes without commercial intent.

When faced with patent infringement, taking prompt action is critical. The statute of limitations for patent lawsuits in the UK limits your ability to enforce your rights if not initiated within six years from the date of the infringement. Delaying action may jeopardise your chances of obtaining remedies.

Our team is well-equipped to advise you on these defences and develop a robust strategy tailored to your unique circumstances.

How Case Law Influences Patent Disputes

Our law firm stays current with leading cases in the UK supported by our regular blog articles to do with food bio technology and emerging technologies such as artificial intelligence patents, exemplifying how we can assist clients facing patent disputes. For instance, cases like Thaler (Appellant) v Comptroller-General of Patents, Designs and Trademarks (Respondent) which clarified that Section 13(2)(a) of the Patents Act 1977 (the "1977 Act") may not be interpreted to mean an invention created enturely by a non-human. Our expertise allows us to leverage relevant case law to support your position and achieve the best possible outcomes.

Why Choose Patent Disputes Lawyers and Patent Disputes Solicitors?

Q: What experience do your patent infringement lawyers have? 

A: Our service consists of a highly skilled patent disputes lawyer and his support team with extensive experience in handling complex intellectual property matters.

Q: How do you approach patent infringement cases?

A: We adopt a comprehensive approach, ensuring we understand your specific situation and developing a tailored strategy to protect your intellectual property rights.

Q: What can I expect from working with your law firm? 

A: You can expect expert legal advice from a patent infringement lawyer who is committed to advocating for your interests and navigating you through each step of the process.

The costs of engaging our firm can vary depending on the complexity of your case and the services required. We do not offer free initial consultations, legal aid or work on a contingency fee basis, so-called “no-win-no-fee”. Our fees are agreed upon upfront and fixed for the duration of the litigation unless there are unforeseen complications that require additional work. Barristers' fees and court fees are not included in our fee and must be paid separately.