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Contact the specialist IP Lawyers at Bonallack and Bishop for intellectual property advice you can trust.
Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years and has plans for further expansion.
You pay for the privilege of patenting a [url=http://www.maximoupgrade.com/hot.php]hollister[/url] component or industrial process that is used [url=http://www.gotprintsigns.com/monclerpascher/]moncler pas cher[/url] for your business. You therefore have [url=http://www.ilyav.com/uggpascher.php]ugg pas cher[/url] a legal right to sue another individual or corporation, which has used the patented object in the course of their own business without your permission. The European Patents Office ('EPO') has an online patent [url=http://www.vivid-host.com/barbour.htm]barbour uk outlet[/url] facility by which businesses can search to ensure that the process or product they wish to use is not patented. Therefore there is no excuse for an infringement of a patent.
As mentioned above if someone uses the patented object without your permission, [url=http://www.achbanker.com/home.php]hollister france[/url] you have the right to 'defend your patent'. The following are steps you can take in order to do this:
Step 1 - Sending a letter
It is always best commercial practice to inform the individual or corporation by letter that they are currently using your patented object without permission. The letter should request politely that they stop doing so immediately.
If you are not dealing with a business contact or customer, it can be beneficial to have this letter come from Intellectual Property or IP Lawyers. Although you are not threatening legal action a letter from your lawyers shows that you have the facility to do so.
Step 2 - Seek an Opinion
If the other side return your letter with a counter-claim i.e. they believe that you have not patented the object, or the object is in fact patented by them, an opinion on the dispute can be sought from the Intellectual Property Office. This opinion is independent and although does not carry legal ground, is a very good indication to who is right in the dispute. The service normally costs around £200 and can take up to 3 months to be returned.
Once returned, this should be sent to the other side to help evidence your case. However, if the infringement is causing your company considerable losses then it may not be suitable to wait for this period of time.
Step 2 - Negotiations
Seek the services of an experienced dispute resolution solicitor and/or specialist IP Lawyers in order to begin negotiating with the other side. [url=http://www.1855sacramento.com/moncler.php]moncler sito ufficiale[/url] Taking patent claims to court can be extremely costly and it is always sensible to try and reach an amicable agreement before embarking upon that stage.
Your lawyers will inform the other side of your legal rights and rebuke any counter-claims they may have made against you. They will also then attempt to negotiate a voluntary pay [url=http://www.mquin.com/giuseppezanotti.php]giuseppe zanotti pas cher[/url] out from the infringer to compensate you. Negotiations could take place via both lawyers, meditation or if unsuccessful - arbitration (which due to paying for the services of a professional arbitrator is more expensive).
Step 3 - Legal Action
If negotiations are unsuccessful then a civil action can be brought against the infringer. If the claim is clear-cut (in the opinion of your solicitor) then they will probably apply for an interlocutory [url=http://www.vivid-host.com/barbour.htm]www.vivid-host.com/barbour.htm[/url] injunction, which will prevent the other side from using the patented object in the period leading up to trial.
Patent cases are heard in the Patents County Court or the Patents [url=http://www.thehygienerevolution.com/barbour.php]barbour paris[/url] Court (a division of the High Court). If you are successful in your claim then the [url=http://www.mquin.com/giuseppezanotti.php]giuseppe zanotti sneakers[/url] court will award you damages in light of any losses you have suffered. If you have not suffered any losses per se, then the court may either award nominal damages or a proportion of the opposition's profits gained by using the patented object as damages.
Your IP Lawyers will argue costs for you and if successful, [url=http://www.gotprintsigns.com/monclerpascher/]moncler[/url] a proportion of your legal fees will be paid by the [url=http://www.davidhabchy.com]barbour sale[/url] other side. Nonetheless, as this type of legal action is so expensive, it may be likely that you still have to pay some costs out of your damages awarded.
As patent cases are so complex and are normally always best-solved using negotiation, the earlier you seek professional legal advice from specialist IP Lawyers the better. An experience solicitor can also assist you in drawing up any relevant contracts and/or licensing agreements with the other side if you agree for them to use the patented object at a cost.
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