Patent Protection Relies on Advice From Specialist IP Lawyers

People who are trying to steal your business idea can infringe a patent in several ways. However, if you have your patent drafted by specialist IP lawyers, you are more likely to be able to defend against this theft successfully.

If you invent or develop a new service, concept or product, it is vitally important to take steps to protect it. And the importance of taking intellectual property advice cannot be over-estimated, as professionally qualified IP Lawyers or an Patent Agency, such as InventHelp, will return the investment in their advice many times over.

Adequate protection will ensure that you can exploit the financial opened up by your development, and prevent others piggybacking on your success. If you’ve developed some potentially great ideas, patenting might be the best way that you can protect them – a patent that has been properly registered will protect you from many forms of infringement.

One way in which a patent can be infringed is by deliberate copying, or by developing something that is an extremely close approximation of the patented product. If the latter, it could be that the copying company has been advised that the original patent is not sufficiently strong to mount a strong defence in court, in other words that it was not well drafted.

If the situation is one where several features of the product have been copied, then there is a strong argument for infringement, and so the matter may well be settled over a discussion about whether the patent claims themselves are valid. Alternatively, there may be an attempt cover up the evidence of infringement, despite there being a close copy; this could happen if some of the material relevant to the patent becomes known during business negotiations.

In particular, if a patented product or process has obvious commercial benefits, then it will be in the commercial interest of less than scrupulous business people to work around the patent and develop something similar that achieves the same end. This area in particular gives rise to the most litigation, as expert IP Lawyers argue about whether there is an infringement or not.

Finally, there is a situation that sometimes arises, of accidental infringement. The old adage of “there’s no such thing as an original idea” may come into play here, as many people with a newly patented product will naturally start looking out in their market sector, to see whether there is any rival product that could be claimed to be infringing on their patented product, service or method.

If the patented method is solving a common problem – and tapping a lucrative market sector – then it is all the more likely that more than one company is working on the same problem at the same time; and their results could have used the same chemistry of physics. And while the solution may look very similar, it is always possible that it was reached by a very different route. Read more about patenting an idea fromĀ too.

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