A threat of Patent Infringement

The scope or the extent of Patent Watch is defined in the claims of the granted patent.Patent filing agents inform the public about terms of the claims such as what is allowed and what is not allowed without the permission of the patent holder.

Usually, a party that  manufactures, sells, imports, uses, or offers patented technology for sale , during the term of the patent and within the country of issued the patent, is considered to infringement of the patent.

In response to allegations of infringement, an accused infringing party would normally assert one or more of the following:

ñ it wasn’t practicing the patented invention or infringing act in the territory covered by the patent;

ñ the patents term is expired;

ñ the particular claim alleged to be infringed is  not valid, because the invention in question does not meet Patent-ability Search or includes a formal defect, rendering the patent invalid or unenforceable;

ñ it is a license holder under the patent;

ñ the patent holder is infringing patent rights which belongs to the accused infringing party, and the infringing party may resolve the dispute in settlement or cross-licensing.

The first step before deciding to get a patent is to find out whether the invention is already

known. If it is already there, you should stop wasting your time with it because it is something that cannot be patented, or you can steer the development of your invention.  It is called novel with respect to the prior art meaning that it is different from what is out there already.

Patent prior art search involves searching through patents, and if you come across foreign patents that describe anything similar to your idea, you will need to have them translated. At this point, the Patent translations should be completely faithful .

A threat to invite a patent infringement action is most likely to influence the commercial conduct of the party threatened, which is why the law of some countries provides that the making of a groundless threat to sue is, an actionable wrong in itself,  within certain carefully prescribed limits.

Going for patent application in India is a cumbersome process. Thus Patent-ability Search and Patent translations should be outsourced to Patent filing agent who provide effective and efficient Patent prosecution services.

 

Difference between Trademark and Patent

Patent Post Grant Review Procedure

Trademark Watch Service India

Business Research- A tool to know the root cause!

A threat of Patent Infringement

 

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