When your patent is granted, it is often a great milestone that should be celebrated. After all, your patent gives you exclusive rights to your invention. No one else may use, manufacture, sell or import the invention without your permission. But, how do you enforce your rights?
When your patent strategy. has been granted, this is often a significant milestone that deserves to be celebrated. After all, your patent gives you exclusive rights to your invention. No one else may use, produce, sell, or import the invention without your permission. But how do you enforce your rights? It is the patent holder's own responsibility to monitor whether the patent is being infringed.
Unfortunately, there is no official instance that supervises the use of your patent strategy. by others. This means that you must actively monitor the market and your competitors to see if anyone is using your patented technology. This can be difficult, especially if you operate in a dynamic and rapidly changing industry. That is why you must regularly research new products and processes in the market. You must also continue to closely monitor the companies that operate in your sector.
“No one automatically monitors patent infringement. As a patent holder, you are responsible for monitoring and enforcing your patent rights.”
Fortunately, as a patent holder, you can seek help to detect patent infringement. Patent agencies can support you in monitoring the market. They know how to use advanced search systems to identify potential infringers.
If you suspect someone is infringing your patent, it is important to take steps. The first step is often to send a letter, asking the potential infringer to engage in a conversation about the suspected infringement. If the suspicions are strong, you can also request that the infringement cease and, if possible, claim damages.
If the infringement then continues, you can take legal action, such as filing a lawsuit. Fortunately, it usually does not get that far. It is therefore important that you actively monitor your rights and, if necessary, seek external support. This way, you can make the most of the protection offered by a patent.
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