Patent infringement and disputes

Every patent has at least one patent claim which defines the scope of the exclusive rights awarded to the patent owner. Products, systems or commercial activities falling within the scope of a patent claim will generally infringe the patent.

What action can I take against infringers?

The categories of relief available in an action for infringement of patent rights include:

• injunctions to stop the other party engaging in infringing conduct;
• interlocutory injunctions may also be available to put a temporary halt on anticipated or actual infringing activity pending final determination of the matter by the courts;
• damages for past infringements and accounts of profits for revenue derived from infringing conduct;
• orders for delivery up and destruction of infringing goods.

Claims for infringement of patent rights can only be brought by the owner of the right or by an exclusive licensee.

Parties to a dispute involving an allegation of infringement of intellectual property rights may agree (either as an alternative to the traditional litigation process or as part of that process) to resolve their dispute by mediation or arbitration.

Davies Collison Cave are patent litigation experts

Whether you are concerned about others infringing your patent rights or whether you may infringe the rights of others, we can help. Davies Collison Cave Law provides comprehensive litigation services for enforcing patent rights or defending patent infringement allegations. Click here to see our litigation services.