Patents

What is a Patent?

A patent (NL: octrooi) is an intellectual property right. With a patent, you can protect technical inventions against unintended use by others. You can then determine who is allowed to make, use or sell the invention under which conditions. Or forbid others to do that.

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How can I get a Patent?

Patents can be granted not only on technical products, but also, for example, on a method of making a product, a method of doing business or, for example, on computer programs (such as software and firmware). The idea behind a patent is that it stimulates innovation. And that, for example, the costs for research and development can be recouped.

 

When do you have a Patent?

You cannot have a patent just like that, unlike, for example, copyright which is granted automatically by creation. You must apply for a patent. A patent attorney can help you with such an application.

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What Conditions must a Patent meet?

Nevertheless, a patent must also meet a number of conditions before it is actually a valid patent. Thus, the invention must be technically applicable, and also new and innovative. If it meets those requirements, you have a valid patent for twenty years. After that period, the invention is in principle freely available.

 

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Patent in ICT

Since a patent is a very strong legal measure, more and more companies are choosing to have their inventions protected under patent law. This in addition to, for example, the possible copyright on the creation and the trademark right on the name for the goods or services. Patents are also increasingly common in the software, e-commerce and IT industry. 

Do you want to sue a Party for Infringement of your Patent Rights?

As a patent right holder, you can prohibit others from making, using, or selling your invention without your permission. If you think that another party is infringing your rights, and therefore making, using or selling your invention without your permission, you may be able to take legal action against it. Check whether the other person’s product or working method provides for the claims of your patent. The scope of protection of a patent is determined by these claims. A patent is infringed if the product or method contains all elements of an (independent) claim, or if it takes all the steps listed in the claim. Also check whether the granted patent meets the requirements of novelty, inventiveness and technical applicability.

If that is the case, you can prohibit the infringer from making, using or selling the product or method any longer. You can also claim damages and the legal costs you had to make in a lawsuit.

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Are you being held Liable for Infringement of Patent Law?

If someone else sues you for infringement of a patent, with, for example, a summons to terminate the infringement or to compensate damage, you are advised to seek immediate legal advice. There is a chance that the product or method you offer may not really infringe on the patent rights of others. Whether that is the case, and whether the patent invoked by the other person is valid, is something a lawyer can figure out for you. A response can also be written to the infringement letter, or making contact in another form with the other party is also possible. We can support you in applying for a patent, or in disputes that arise after a patent infringement. LAWFOX is a specialist in the field of software patents.

Examples of Patent Cases that we handled

We have dealt with several issues related to patents. Below you can find examples:

  • We have advised various customers on the (im-)possibilities with regard to applying for a patent.
  • We have assisted clients in defending against patent infringement.
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What can we do for you?

We can assist you with matters related to internet, IT or ICT related patents. Particularly, we can do the following for you:

  • Our patent attorney can assist you in applying for a patent
  • We can estimate your legal position in the dispute
  • If an infringement of your patent is made, we can send a summons letter to the other party to terminate the infringement and to compensate the damage suffered by you;
  • If you are being accused of patent infringement, we can send a statement of defence stating that there is no infringement;
  • We can assist you in negotiating a settlement that is most favourable to you;
  • We can sue the other party for infringement of your patent;
  • If you have received a subpoena for an alleged infringement of a patent, we can respond to it by means of a defence letter or a statement of defence that can be used in legal proceedings.
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Contact

LAWFOX’s lawyers are happy to assist you. We can prevent legal proceedings for your company or organization, or take legal action if required. We have a team available for you that is glad to help with all your questions about patents.

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