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What consequences can be expected if one has been found to have committed patent infringement?

posted Tuesday 19 of June 2012 by Barry [ip litigation]


Good question! Well, if you know for sure that you're infringing a valid patent, then you can try to negotiate a settlement with the patentee. At the very least, you can say, hey, I will quit making this product if you agree to not sue me for past infringement. Or you can say, oh, I'm not sure that your patent is valid, but let's assume for the time being that it is: I'd be happy to talk with you about licensing it for the market sector we're currently selling in, on an exclusive or nonexclusive basis. Or you can say (if this is the case), that I've been making this product this way more than one year before the filing date of your patent application (assuming a US patent), and so your patent is invalid. Or you can have a qualified patent attorney review the patent and if it's not valid, you can inform them that you've obtained opinion from counsel that the patent is not valid and hope they do not file suit.

But if they've already filed suit against you, you should immediately get professional help to prepare your answer. Deadlines are very strict and patent litigation, like brain surgery, is not something you want to perform for yourself!

Tags: consequences, committ, patent, infringement, legal, advice
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Dr Patentsteins' Tips
When you think you might have an invention with sales potential, immediately discuss the idea with a registered patent practitioner
Ensure you sketch all significant elements of your invention on paper, writing as much detail and comments regarding its' operation
After creating any descriptions or sketching your invention, ensure a witness (or even two) sign the paper to support your claim

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