Patents protect qualifying inventions and can be fundamental to the value of technology, manufacturing, engineering and life sciences businesses. A patent dispute may affect product launches, investment, licensing income and access to a market.
Preston Redman advises businesses, inventors, owners and alleged infringers on patent disputes. We work with specialist patent attorneys and technical experts where appropriate, combining litigation strategy with a clear understanding of the commercial objective.
Patent litigation is technically and procedurally demanding. Early analysis of claim construction, validity, alleged infringement and evidence is essential. Contact us today.
Common Patent Disputes Issues
Patent disputes may concern:
- Infringement of patented products or processes
- Patent validity and revocation
- Ownership and entitlement
- Employee inventions
- Licensing and royalty disputes
- Research and development arrangements
- Threats of infringement proceedings
- Interim injunctions and market entry
Frequently Asked Questions
What does a patent protect?
A granted patent provides a time-limited exclusive right over the invention defined by its claims, subject to validity and territorial limits. UK patents are principally governed by the Patents Act 1977.
How is infringement assessed?
The court interprets the patent claims and compares them with the accused product or process. Infringement may be direct or indirect, and the doctrine of equivalents may be relevant. Technical evidence and experiments can be important.
Can validity be challenged?
Yes. An alleged infringer may counterclaim for revocation. Grounds can include lack of novelty, lack of inventive step, insufficiency, excluded subject matter or added matter. Prior-art searches and expert evidence commonly form a major part of the case.
Who owns an invention?
The inventor is the starting point, but inventions made by employees may belong to the employer where statutory conditions are met. Contracts, consultancy arrangements, collaboration agreements and assignments require careful review.
Can a patent be enforced before grant?
Proceedings for infringement depend on grant, although publication of an application may create limited rights to compensation after grant in appropriate circumstances. Threats and commercial communications must be handled carefully.
What is an unjustified threats claim?
Patent legislation restricts certain unjustified threats of infringement proceedings. Whether a communication is actionable depends on its content, recipient and statutory exceptions. Legal advice should be taken before approaching customers or distributors.
What evidence is commonly required?
- Patent and prosecution history
- Technical drawings and product samples
- Manufacturing or process evidence
- Prior art and search material
- Licences and development contracts
- Expert reports and experimental evidence
- Sales and market-loss evidence
Where are patent disputes heard?
Depending on value and complexity, proceedings may be brought in the Patents Court or the Intellectual Property Enterprise Court. Procedure, costs exposure and available remedies differ.
Can a patent dispute be resolved commercially?
Yes. Licensing, cross-licensing, product redesign, territorial arrangements, royalties, settlement and mediation can provide solutions. Early neutral evaluation or expert input may narrow technical issues.
Why choose Preston Redman?
Intellectual property disputes require a combination of legal analysis, evidence management and commercial judgment. Preston Redman provides clear advice on merits, urgency, cost and the wider effect on reputation and business strategy.
Our dispute resolution solicitors work collaboratively with corporate and commercial colleagues and, where needed, specialist patent attorneys, trade mark attorneys, valuers and technical experts.
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