Patent Services

Patent Infringement

Patent infringement is to use, sell, make a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license.

In many countries, it is required for the use to be commercial to constitute patent infringement.

The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. The claims inform the public of what is not allowed without permission.

Patents are territorial and infringement is only possible in the countries where the patents are in force.

The patent will be examined by the patent office in each individual country and will have a difference of patentability.

If you own a patent for your invention and you believe it has been infringed, you will have to pursue your claim through civil litigation in the federal court system.

In certain jurisdictions, there is indirect infringement. Indirect infringement can occur when a device is claimed in a patent and a third party supplies a product which can only be reasonably used to make the claimed device.

Patent litigation is the second most expensive because complex issues are involved and it is very lengthy. It can take years to go to trial or reach an out-of-court settlement.

Patent Litigation

Smit & Van Wyk, Inc. legal services include drafting & preparing of patent specifications, filing & prosecuting patent applications, patent litigation and high court litigation.