What steps need to be taken after the patent application has been filed?
September 28, 2023 | 60,00 EUR | answered by Andreas Köhler
Dear Patent Attorney,
I recently filed a patent for my invention and I am now unsure about the next steps I need to take. The background is that I have developed an innovative technology that has great potential in the market. Currently, I am concerned that my invention might be copied or used unlawfully by others.
After filing the patent, I am wondering what measures I should take to protect my intellectual property to the best of my ability. Are there any specific monitoring measures I should initiate to detect possible infringements of my patent early on? Should I possibly also seek international protection for my invention to protect myself from imitators from abroad?
Furthermore, I would like to know how to proceed if I discover that my patent is being infringed by someone else. What legal steps can I take in such a case to enforce my rights and possibly claim damages?
I would greatly appreciate your expert advice on these matters to ensure that I protect my intellectual property to the best of my ability and successfully position myself in the market.
Thank you in advance.
Sincerely,
Alwin Höfer
Dear Mr. Höfer,
Thank you for your inquiry regarding the protection of your patent and the legal steps you can take in case of infringement of your intellectual property. I am glad that you are taking care to protect your invention, and I am happy to provide you with my expert advice.
After you have filed your patent, it is important to take various measures to protect your intellectual property to the best of your ability. One option is to regularly monitor the market to detect possible infringements of your patent early on. For example, you can hire specialized service providers to monitor the market for potential infringements of your patent. This way, you can react quickly and take legal action if necessary.
It is also advisable to consider obtaining international protection for your patent, especially if you intend to distribute your invention in the international market. International patents can help protect you from imitators from abroad and enforce your rights in other countries as well. It is important to consider the respective national laws and procedures to ensure optimal protection.
In case of infringement of your patent by third parties, you have various legal options available. First, you should formally request the infringer to cease using your patent and, if necessary, to pay damages. If the infringer does not respond to your request, you can initiate legal actions such as a cease and desist order or a damages claim. It is advisable to seek advice from an experienced patent attorney to effectively enforce your rights.
I hope this information is helpful to you and I am available for any further questions you may have. It is important to protect your intellectual property to the best of your ability in order to successfully operate in the market.
Best regards,
Andreas Köhler
Patent attorney
