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 a complete 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 infringing activity. One option is to attempt to obtain 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 Dragsted Partners, we are always available for advice and guidance – whether your rights have been infringed or you are at the receiving end of infringement allegations . 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.