When your patent has been granted, it is often a great milestone 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? Because it is the patent holder's own responsibility to keep an eye on whether the patent is being infringed.
Unfortunately, there is no official body to monitor the use of your patent by others. This means you have to actively monitor the market and your competitors yourself to see if anyone is using your patented technology. This can be tricky, especially if you operate in a dynamic and fast-changing industry. Therefore, you should regularly research new products and processes in the market. You should also keep a close eye on the companies operating in your sector.
Fortunately, as a patent holder, you can hire help to detect patent infringement. Patent offices can support you in monitoring the market. They know how to deal with sophisticated 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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