What can I do if my patent is infringed?
July 17, 2023 | 60,00 EUR | answered by Otto Kock
Dear Patent Attorney,
My name is Ludwig Halbscheffel and I have recently obtained a patent for an innovative invention. Unfortunately, I have discovered that a competitor is copying my invention and using it without my permission. This clearly violates my patent and infringes on my rights.
I am concerned about the potential impact of this patent infringement on my business and I am wondering what I can do in this situation. I have invested a lot of time and effort in developing my invention and I want to ensure that my rights are protected.
Could you please explain to me what legal steps I can take to address this patent infringement? What options do I have to force the competitor to comply with my patent and to claim damages?
I would greatly appreciate it if you could offer me your professional advice and support to clarify this situation and defend my rights as a patent holder.
I look forward to your response and thank you in advance for your help.
Best regards,
Ludwig Halbscheffel.
Dear Mr. Halbscheffel,
Thank you for your inquiry regarding the patent infringement by your competitor. It is understandable that you are concerned and want to defend your rights as a patent holder. As a patent attorney, I can assist you in this matter and explain the possible legal steps you can take.
First and foremost, it is important to know that a patent infringement occurs when someone uses, manufactures, sells, or imports your patented invention without your permission. In your case, you have found that your competitor has copied and used your invention without your authorization. This does indeed constitute a patent infringement, and you have the right to take action against it.
To address this patent infringement, you can initiate legal proceedings. One option would be to send a cease and desist letter to your competitor, demanding them to immediately stop using your invention. In the letter, you can also claim damages and require your competitor to pay compensation.
If your competitor does not respond to the cease and desist letter or continues to use your invention, you can file for an injunction or a restraining order against them. With an injunction, you can compel your competitor to temporarily cease using your invention until the patent infringement is conclusively determined. With a restraining order, you can ensure that your competitor permanently refrains from using your invention.
Furthermore, you can also claim damages to compensate for the financial loss you have suffered due to the patent infringement. Damages may include lost profits, licensing fees, or other financial losses.
It is advisable to seek advice from an experienced patent attorney in this complex legal matter. I am available to defend your rights as a patent holder and assist you in enforcing your claims.
I hope this information was helpful to you, and I am available for any further questions you may have.
Sincerely,
Otto Kock
Patent Attorney
