Your patent is infringed if:
- someone makes, uses, offers, puts on the market a product that is the subject matter of your patent or imports the product for such purposes;
- someone employs a process or a method that is the subject matter of your patent;
- someone uses, offers, puts on the market or imports for such purposes the product directly obtained by the process or the method claimed in your patent.
You have been accused of a patent infringement?
- analyze the scope of protection of the patent that is said to be accused;
- consider filing an invalidation request against this patent.
In any case, to minimize risk of infringement litigations it is always useful in advance to consult a patent attorney, carry out a clearance search or, if only possible, to file an patent application for your own solution.
scope of protection
Protection resulting from a patent is defined in patent claims the meaning of which is interpreted on the basis of the patent specification including invention embodiments and drawings.
Anyone may inform patent office about grounds that may cause a patent to be denied while patent proceedings are pending.
If a patent has already been granted a reasoned opposition against the patent may be filed:
- by anyone but only within six months from the grant publication;
- any time but only by those having a legal interest in invalidation.