Patent infringement disputes: Protecting your inventions
A patent is a powerful statutory right that grants you a monopoly over your invention.
It is the cornerstone of innovation, designed to protect the intellectual effort and financial investment made in developing something new.
When a competitor infringes on your patent, they are not just taking a portion of your market share; they are undermining the very foundation of your business's competitive advantage.
Patent infringement disputes are often technically complex and commercially significant.
Whether you are the patent holder seeking to enforce your rights or an accused party needing to defend your position, the stakes are exceptionally high.
Patent infringement disputes: How we assist you
Our team possesses deep expertise in the intricacies of patent law and litigation.
We understand that a successful patent dispute requires more than just a legal strategy; it demands a forensic analysis of the technology itself.
We work with an established network of technical experts, from engineers to scientists, to fully understand the invention in question and the alleged infringement taking place.
Our unique capability in this area
Our unique capability lies in our ability to seamlessly blend technical analysis with a commercially-focused litigation strategy.
We take the time to understand the value of the patent to your business, as well as the commercial impact of the dispute.
Our approach is designed to be laser-focused on achieving an outcome that protects your innovation, preserves your commercial position, and allows your business to continue to succeed.
We provide clear, honest advice and will not pursue litigation unless we believe there is a commercially-sound path to success.
Patent infringement disputes: Common questions and answers
What is the difference between a patent and a trade mark?
A patent protects the function of an invention, i.e. how it works or what it does (e.g. a new chemical process or mechanism).
A trade mark protects the brand identity (i.e. the name, logo, or slogan that identifies the source of a product in the marketplace).
While patents grant a technical monopoly, trade marks protect consumer goodwill.
We advise on securing both rights to create a robust, layered protection for your innovation.
What are the first steps if I discover a competitor is infringing my patent?
The immediate first step is to secure and preserve all evidence of the infringement without alerting the competitor.
Do not engage with them directly.
You must then immediately engage a specialist patent litigator.
We will conduct a claim construction analysis and forensic viability assessment to confirm that the competitor's product falls squarely within your patent's claims.
Only after this analysis is complete do we plan a precise, commercially astute course of action, which often begins with a detailed letter before action - which seeks to resolve the claim in the first instance..
What is the typical cost and timeline of a patent infringement case?
Patent litigation is inherently complex and can be expensive due to the need for expert witnesses, technical discovery, and High Court procedure.
Full High Court litigation can take 24 months or more. This is because patent cases, in their nature, tend to be highly complex and, as they take place in the High Court, are subject to a longer timeline.
However, we prioritise cost management and strategic efficiency. The commercial stakes in patent claims are often very high, as exclusive rights to certain innovations can be a significant commercial boon for businesses, especially if their business model is based on exclusively commercialising these inventions.
We work with you to understand the quantum at stake in the claim and ensure that the work undertaken and legal costs accrued are proportionate.
Are there alternatives to litigation for resolving a patent dispute?
Yes. Because patent disputes are so costly, alternative dispute resolution (ADR) such as mediation is highly common and effective.
Our litigation expertise is the critical leverage in these negotiations: we approach mediation armed with a definitive view of the technical evidence and how the case would perform in the High Court.
This enables us to secure a robust, commercially favourable licensing deal or settlement quickly, saving your business significant time, investment and legal bandwidth.
Patent infringement disputes: Next steps
Is your business facing a patent infringement dispute?
Whether you need to protect your invention or defend your position.
Use the calendar below to arrange an appointment with our team to assess your situation.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
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