Patent Enforcement

Patent enforcement refers to the enforcement of a patent holder's rights with regards to infringement or infringing behaviour. 

Patent infringement occurs when a third-party seeks to manufacture, sell or distribute a patented invention without the permission of the patent holder. To stop this infringement from continuing, patent enforcement is necessary. 

There are various means for enforcing a patent and the method chosen for this is usually influenced by a few factors. These include things such as the level of infringement involved, who is responsible for the behaviour and where the patent is held. 

In Practice 

Enforcing patent rights involves the initiation of legal proceedings by the patent holder. This may begin with less formal but legally sufficient measures such as a cease and desist letter or involve litigation in court. 

Successful patent enforcement should mean the cessation of all unauthorised use and may include compensation claims for any damages caused by the infringement.

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