What can I do if someone infringes on my patent?
July 20, 2023 | 50,00 EUR | answered by Günther Schenkenberg
Dear lawyer,
My name is Babette Schreiber and I am the owner of a patent for an innovative technology in the field of renewable energies. Recently, I have discovered that a competitor is using my patented technology without my permission. This has resulted in loss of revenue for me and has affected my competitiveness.
I am very concerned about this situation and wonder what I can do in this case. I have already tried to address the competitor and point out the infringement of my patent, but he has ignored my concerns and continues to use my technology.
What legal steps can I take to stop the infringement of my patent and possibly claim damages? What evidence do I need to gather to support my claims? How long does such a process take and what costs could I incur?
I would greatly appreciate your professional advice and support in this matter and hope for a quick resolution to protect my rights as a patent holder.
Sincerely,
Babette Schreiber
Dear Mrs. Schreiber,
Thank you for your inquiry regarding the infringement of your patent in the field of renewable energy. It is understandable that you are concerned about this situation and wish to take action to protect your rights as a patent holder.
In a case like this, there are various legal steps you can take to stop the infringement of your patent and potentially claim damages. First and foremost, you should consult a specialized patent attorney to discuss your legal options and develop a strategy. The attorney can help you send a cease and desist letter to the competitor and, if necessary, apply for an injunction to prevent the further use of your patented technology.
To support your claims, it is important to gather evidence that proves the infringement of your patent. This may include documents, emails, witnesses, or expert opinions that demonstrate the competitor's use of your technology. The more extensive and convincing the evidence is, the better your chances of success in the legal proceedings.
The duration of such a process can vary from case to case and depends on various factors such as the complexity of the case, court workload, and the behavior of the opposing party. Generally, a patent litigation process can take several months or even years. In terms of costs, you should be aware that litigation in this area can involve significant financial expenses. It is important to discuss the potential costs with your attorney and obtain a realistic assessment of the financial burden.
I am available to further discuss your matter and provide professional advice and support. Please do not hesitate to contact me for a personal consultation so that we can work together to find a solution to protect your rights as a patent holder.
Sincerely,
Günther Schenkenberg, Patent Attorney
