How do I defend my patent?

The owner of a patent is responsible for keeping a lookout for any infringements and for defending their patent, for example in court.

If someone infringes your patent

Many people think that PRV protects them against infringements or checks whether infringements are taking place, but this is not the case. It is the patent holder themselves that needs to keep a lookout for any infringements of their patent. The business community is full of good people but also those that unwittingly or knowingly infringe someone else’s patents.

If someone infringes your patent, a good initial step is to inform the person in question that you have a patent for the invention and ask them to immediately stop doing that which constitutes an infringement. If the infringement does not stop, the next step might be to take legal action or at least inform the person that you intend to do so. The mere thought of legal action makes many people think again. In court, in addition to having the infringement examined, you can also claim damages.

Another option is to offer the person responsible for infringing on your patent the opportunity to license the rights to your invention. In this way, it is you who gives your consent to the invention being used, at the same time as you receive payment for its use.

Make agreements with your partners

When it comes to partnerships between companies, it is important that you know how any rights and what emerges from the partnership are to be regulated. A good start is to document what each company knows, contributes and owns at the start of the partnership, compared to what is created within the scope of the partnership.

The companies should also regulate how obligations and rights that arise in conjunction with the project are to be managed and shared. This is preferably done before the partnership begins and reduces the risk of disagreement.

Some people choose to file a patent application for the technology they have produced themselves before the partnership begins. The fact is that the written patent claims and application text paint a clear picture of what you regard as having invented before the partnership begins.

Edited 2022-06-03