An infringement of patent rights is the illegal use of a patented development, associated, in particular, with the importation, production, sale, offer for sale or storage of objects (product, article, etc.) in which an invention, utility model or industrial design protected by patents is used. , as well as with the implementation of a patented method (technology).
Establishing the fact of such use is carried out by comparing the patent claims (for inventions and utility models) or the essential features of a patented product (for an industrial design) with the characteristics of the object in which the patented development is supposedly used.
Disputes related to the illegal use of inventions, utility models and industrial designs shall be settled in court. To avoid patent infringement, you can use patent brokerage services.
In case of infringement of patent rights, the patent owner may present claims to the infringer:
- Recognize the rights of the patent owner,
- Stop the illegal use of patented developments,
- Compensate for damages related to illegal use,
- Remove all material objects (products, equipment, etc.) that violate rights.
Not infringing a patent:
- The use of a patented development (invention, utility model, industrial design) on vehicles that are accidentally or temporarily located on the territory of Russia.
- Conducting scientific research.
- Use of a patented design in an emergency.
- Use of the development for personal purposes not related to income generation.
- One-time preparation of medicines in pharmacies.
- Application, sale, storage, etc. product that was purchased from the patent owner or with his permission. For example, if you buy a product from a patent holder, its further resale is not an infringement of patent rights, since the product has already been introduced into civil circulation.
- Use of the development on the basis of the right of prior use. If any person used the development before the priority date of the invention, utility model and industrial design, then he can continue to use it free of charge without expanding production volumes.
- Use of the development on the basis of the right of post-use. If a patent was temporarily terminated due to non-payment of a fee, a person who began to use the development during the period of absence of legal protection has the right to further free use without expanding production volumes.
If your patent is infringed
1. First you need to make sure that the decision on the patent is actually used by the infringer. For this, an analysis of the fact of using a patent is carried out.
2. If use is detected, evidence of infringement should be collected. Documents confirming the purchase of goods, information from the offender's website, technical specifications and other documents can serve as evidence.
3. If the development is used, it is advisable to send a warning letter to the infringer with the requirements to eliminate the illegal use of the invention, utility model or industrial design.
4. If the issue cannot be resolved amicably, a patent infringement claim is filed with the court.
How to prevent patent infringement
Before introducing a new technology or selling products, it is recommended to conduct patent research in order to analyze the patent purity of technical objects. Based on the study, it is possible to assess the risks of violating other people's rights, as well as ways to eliminate violations.