Advice on infringement

A patent is an exclusive right used to protect a new product, working method or new technology. Infringement will be the case the moment a third party, nevertheless, proceeds to market a protected product without permission, or applies certain technology or a working method again without permission.

 

Patent owner

The moment you suspect or know for certain that a third party has been infringing your patent you may contact our advisors who will be delighted to assist you.


Nederlandsch Octrooibureau provides the following services:

  • Advise on the validity of your patent, and the nature of the infringement
  • Communicate with the infringing party, while carefully representing your financial and strategic interests
  • Initiate legal infringement proceedings
  • Levy a prejudgement attachment or seizure of evidence on third parties

Should your patent still be in the patent granting procedure, we will be able to advise you on how to accelerate the granting procedure, and also about the steps that we could already take based on a current patent application.

 

Third party

We will also be pleased to assist should a patent owner accuse you of infringement, in which case we will be able to do the following:

  • Advise you on the validity and the relevance of the patent concerned
  • Communicate with the patent owner
  • Assist in legal proceedings
  • Initiate 'non-infringement declaration' proceedings
  • Initiate invalidity proceedings
  • Submit so-called slander letters against 'ex parte' seizures.

Casus Apex

Case Ice World

An example of a case in which we have advised our client with respect to an infringement is the Ice World case. Click here for the case.