I’ve received a letter to say I’m infringing somebody’s patent. What should I do?

You should take the allegation seriously, and it is best to seek professional advice as soon as possible.

A patent attorney can assess whether or not you are actually infringing the patent and, if necessary, if there are any defences to infringement.

Then, depending upon the circumstances, an appropriate strategy can be developed for responding to the allegation of infringement. This could, for example, involve arguing that there is no infringement and/or that the patent is invalid, or making an offer to settle or to take a licence under the patent.

The appropriate way to address a particular allegation of patent infringement will depend upon the legal, factual and commercial situation. The majority of patent infringement disputes are settled out of court.

Wilson Gunn can advise on all aspects of intellectual property protection. Please get in touch to speak to a member of our team about patent protection.

Wilson Gunn