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I have been accused of patent infringement, now what?

Don’t panic, patent infringement is more common than you may realize. The first thing you should do is assess the validity of the accusation. Did your company use the exact same process or equipment? Does the patent holder’s invention work the same way yours does? If your machine parts or process differs from the patent holders, your invention will not be considered infringing.

It is possible that your product is a direct infringement on the patent. Whether or not you knew a patent existed, you can be sued for using the inventor’s process and design.

If you are unsure about how to proceed, you should seek legal counsel. A patent attorney will be able to help you strategize, staying focused on the best interest of your business. You only have 21 days to respond. You must decide if you will try to fight the case or concede in this period.

Patent infringement litigation will be costly for both parties. The inventor must be able to prove their case in court.

You will be able to defend your product if the inventor’s patent is invalid. The patent may be considered invalid if it:

  • Contains incorrect or misleading information
  • Violates competition laws
  • Did not meet novelty requirements
  • Was used for illegal activity

Legal counsel will be able to determine a patents validity and help you dispute your case. The best way to avoid a patent infringement is to research ahead of time. You can be proactive to ensure your product is not infringing on someone’s patent before you start producing the product.


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Costello Law Corporation

Costello Law Corporation
2267 Lava Ridge Court
Suite 210
Roseville, CA 95661

Phone: 916-520-3360
Fax: 916-441-4254
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