What is Patent Infringement?
Patent infringement is the situation where a person or an organization enters the scope of protection determined by the patent owner without permission, copies, uses, sells or produces a patented invention. The patent owner has a monopoly right on the registered invention and has the right to take legal action when this right is violated.
Types of Patent Infringement
Direct Infringement: The patent owner’s invention is copied, sold or used without permission. Such violations are usually obvious and are more easily detected by the courts.
Example: When a company produces a patented machine part without a license and puts it on the market, direct infringement occurs.
Indirect Infringement: The person committing the infringement makes an indirect contribution by infringing a part or step of the patented product or process.
Example: If a supplier produces a part of a patented product and knows that it will be used with a product that has a patent right, indirect infringement may occur.
Contributory Infringement: If a part of a patented invention is sold in a way that allows the patented product to be completed and sold, this type of infringement occurs.
Example: If a significant part of a patented device is produced and other companies contribute to the completion of the device, this type of infringement is included.
Precautions You Should Take Against Patent Infringement
The important steps to take to protect your patent rights and be prepared against infringement are as follows:
Make Patent Registration Accurately and Completely:
During the patent registration process of your invention, include every detail of the invention in the patent application accurately and completely. In this way, every aspect of your invention will be legally protected. Incomplete or vague definitions can make it difficult to defend your rights against infringement.
Conduct Patent Research:
To prevent infringement, search patent databases before registering your invention. Not overlapping with others’ patented products both prevents possible infringement in the future and speeds up the registration process.
Example: If you have developed a new software algorithm, you should review the patents of other algorithms before applying for a patent.
Use Patent Tracking Systems:
Use patent tracking systems to monitor whether your patents are being used. These systems can detect unauthorized use of your products in the market and help you detect infringing parties in a timely manner.
Make Licensing Agreements:
If you plan to make your product or invention available to third parties, protect your rights by making a detailed licensing agreement. Licensing both provides revenue and sets clear rules for the use of your patent.
Send Legal Notices:
When you detect a patent infringement, the first step is to send a notice to the infringing party. This written notice is a formal request to end the infringement and can be an effective method to resolve the issue before filing a lawsuit.
Example: If a competitor uses your patented technology without permission, you can send a notice to that company and request that the use be stopped.
Take Legal Action Against Infringement:
If patent infringement continues, you have the right to apply to the court to stop the infringement and demand financial compensation. The court may demand compensation from the infringing company to cover the patent owner’s losses.
Example Case Against Patent Infringement
Apple vs. Samsung Case: In 2011, Apple accused Samsung of patent infringement and claimed that Samsung used the design and some technological features of the iPhone without permission. During the court process, it was determined that Apple violated some of its patents and a decision was made to pay Samsung a large financial compensation. This case has shown how serious the consequences of patent infringement can be.
Conclusion
Patent infringement is a situation that can have serious financial and legal consequences. It is important to be proactive, conduct careful research and take rapid action against infringement in order to protect your own patent rights. You can secure your rights with licensing agreements, detect infringement in advance with patent monitoring systems and resolve the situation at an early stage with notices.