Patent Infringement - Intellectual Property Law
If someone replicates, uses, or sells a patented invention without the patent holders permission, then they are said to have ‘infringed’ the patent. The claims that form a patent define the limits of exactly what a it does, and does not, protect. Normally when all the elements of one of its ‘claims’ are found in an allegedly infringing product or process, a patent has been infringed and the patent holder may be awarded damages.
Before entering into a patent dispute, a letter before action often puts a stop to any infringement. It is best to consult a, intellectual property lawyer when instigating correspondence threatening litigation, it must be carefully worded as ‘unjustified threats’ of patent infringement can be an actionable offence.
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