How can I proceed against the infringement of my patent?
May 10, 2022 | 40,00 EUR | answered by Andrea Maier
Dear lawyer,
My name is Daniel Schröder and I am the inventor of a patent in the field of medical technology. My patent was recently infringed upon by another company that has introduced a similar product to the market. I am concerned about the impact of this patent infringement on my business and I am wondering what actions I can take against it.
So far, I have tried to address the company directly to reach a settlement, but they refuse to negotiate with me. I am not sure how to proceed and what legal steps I can take to protect my rights as a patent holder.
I am worried that the patent infringement could affect my revenues and that the company may continue to use my intellectual property without permission. I want to ensure that I am adequately compensated and that my patent rights are respected.
Could you please help me and outline possible legal actions I can take against the infringement of my patent? What options do I have to compel the company to comply with my patent and claim damages?
Thank you in advance for your support.
Sincerely,
Daniel Schröder
Dear Mr. Schröder,
Thank you for your inquiry regarding the patent infringement of your patent in the field of medical technology. I am sorry to hear that you are facing this issue, but I will do my best to assist you in resolving this legal problem.
In a situation like this, where another company has infringed upon your patent and refuses to negotiate with you, there are several legal steps you can take to protect your rights as a patent holder. First and foremost, you should consider hiring a lawyer specialized in patent law with experience in such cases. A competent lawyer can help you defend your claims and support you in enforcing your rights.
One possible option is to send a cease and desist letter to the company, demanding them to stop the patent infringement and provide you with appropriate compensation. If the company continues to infringe upon your rights, you can seek an injunction from the court to stop the infringement. Additionally, you can pursue claims for damages to be compensated for the harm caused.
It is important for you to gather all relevant evidence to prove the patent infringement, including information about the patent, documentation of the infringement, correspondence with the company, and any other relevant documents. The more evidence you have, the stronger your case will be in court.
It is also possible that the company may file a counterclaim and attempt to invalidate your patent. In such a case, it is crucial for you to present compelling evidence that your patent is valid and that the infringement indeed took place.
Overall, it is important for you to act swiftly and seek professional help to protect your rights. An experienced lawyer can assist you in developing the best strategy and effectively represent your interests.
I hope this information is helpful to you and I am available to answer any further questions or assist you in enforcing your rights.
Sincerely,
Andrea Maier
Patent Law Attorney
