If you find that a business has breached your patent, there are two things that you should do: address the issue from a legal perspective and address the issue from a business perspective.
At first, tread carefully and research thoroughly to validate that an infringement has definitely taken place and it is in a market where your patent is valid.
In terms of the law, the offending company should pay the original patent owner for the losses that they have suffered through their patent being breached. Negotiations and court cases can take a long time, so it may be better for your intellectual property solicitors to send a legal notice to the company, particularly if the infringement is severe. This notice will tell the offending company that they must instantly cease breaching your intellectual property rights.
Very rarely will the offending company agree and negotiate payment with you. More often than not, they will ignore the notice because they think that they are not breaching the patent or you will not take the matter further. They may also believe that your company would lose the argument in Court. Litigation is now the only option, so take care when dealing with the other company. The third option is that the company you contact denies the infringement, and may even believe that you are infringing their patent! This usually causes a legal battle.
You may not need to issue intellectual property litigation to address any patent infringement. Such court action can be very expensive indeed for both parties. Most patent disputes are sorted out through negotiation, but it is highly recommended to seek expert legal advice. A negotiated settlement will usually have the least impact on your business. Licensing agreements -under which you might license your patent to the offender for a share of their income – are also a common solution to the problem, but again it is best to seek top-quality legal advice from a specialist intellectual property lawyer.
If you got a problem with infringement of your intellectual property, contact our specialist lawyers who provide city quality intellectual property advice at local prices – cool 01722 422300 today for free initial phone advice.