Infringement and enforcement
Patents are national or regional rights granting the patent proprietor the right to prevent others from using, producing and marketing a product or a method covered by the patent in question. The scope of protection of a patent is determined by the patent claims. Therefore, in order to determine whether the scope of protection of a given patent and a rival product or service overlaps, the patent claims should be studied and assessed.
In case of absolute overlap, it can be argued that the patent is infringed, but in the end, the question of whether such a situation constitutes patent infringement is entirely up to the national courts.
If a competitor produces, markets or sells a product which is supposedly infringing a specific patent, there are various routes to take to fully or partially stop this infringement activity. One option is to attempt to get an injunction which - in brief - makes it possible to stop the infringement activities of a competitor. Also, if the suspicion arises that a patent is infringed, it is important to collect evidence of the infringement.
At Hoffmann Dragsted we are always available for advice and guidance - whether your rights are infringed or you are at the receiving end of infringement accusations. Due to our technical background and legal expertise, we can also draw up infringement evaluations and serve as your legal and technical sparring partner in connection with patent disputes.
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