Patent Infringement

Legal assistance to identify, address, and respond to unauthorized use of your patented invention and protect your intellectual property rights.

Starting from
Contact for Quote
Processing Time
Approx. 1–3 weeks*
10,000+
Clients Served
10,000+
Infringement Cases Reviewed
10,000+
Legal Advices Provided
4.1/5
Google Reviews

Overview

Patent infringement occurs when another party makes, uses, sells, offers to sell, or imports a patented invention without the patent holder’s permission. A patent gives its owner exclusive rights over an invention, and any unauthorized action within the scope of a valid patent claim can violate those rights. Infringement may be literal — where every feature of a patent claim is present in the accused product or process — or non-literal, where an equivalent product or process performs substantially the same function in the same way to achieve the same result. Patent law allows rights holders to enforce their patents in civil courts, seeking remedies such as injunctions to stop infringing activities and monetary damages for losses suffered. Depending on the jurisdiction, patent infringement is governed by national statutes — such as Section 48 of the Indian Patents Act, which grants exclusive rights to patentees to make, use, or sell their inventions — and may include defenses such as non-infringement or challenges to the validity of the patent itself. Effective enforcement of patent rights requires careful analysis of the patent claims, identification of unauthorized acts, and strategic legal action to protect the patent owner’s interests and prevent further infringement.:contentReference[oaicite:0]{index=0}

Key Benefits

Protect Exclusive Rights

Enforce your legal monopoly over the patented invention and stop unauthorized exploitation.

Recover Losses

Seek damages or compensation for unauthorized use of your patented invention.

Maintain Market Position

Prevent competitors from unfairly benefiting from your patented technology.

Establish Legal Record

Document evidence of infringement and legal action taken for future disputes.

Why Addressing Infringement Matters

Safeguard Innovation

Prevent others from copying or exploiting your invention without consent.

Preserve Business Value

Protect the commercial and strategic value of your patented technology.

Deter Future Infringers

Taking action deters potential infringers from unauthorized use.

Strengthen Legal Position

Provides a basis for legal remedies and strengthens your position in disputes.

Patent Infringement Process

1

Infringement Analysis

Evaluate the accused product or process against your patent claims to determine if infringement exists.

2–4 days
2

Evidence Collection

Gather detailed evidence of unauthorized use, such as product samples, sales data, or technical comparisons.

3–7 days
3

Draft Infringement Notice

Prepare a formal legal notice outlining the infringement and demands to stop infringing activities.

3–5 days
4

Follow-up Action

Monitor responses and escalate to legal proceedings or negotiations if required.

1–3 weeks

How to Apply

Consult a Patent Expert

Discuss the suspected infringement and review the patent details with legal professionals.

Submit Documentation

Provide your patent details and evidence of infringement for analysis.

Plan Legal Strategy

Work with experts to decide on the best approach including notices or litigation.

Proceed with Action

Send infringement notice or initiate legal proceedings and monitor responses.

Common Mistakes & Solutions

Ignoring early signs of infringement

Unauthorized use expands and damages market share.

How to avoid: Act early with evidence and protective measures.

Weak evidence collection

Difficult to prove infringement in court.

How to avoid: Collect detailed technical and commercial evidence.

No legal strategy

Infringer may exploit procedural gaps.

How to avoid: Work with legal experts to craft a strong approach.

Improper notices

Infringer might ignore or delay compliance.

How to avoid: Use clear legal notices with deadlines and consequences.

Documents Required

Patent Registration Certificate
Detailed Patent Claims and Specifications
Evidence of Unauthorized Use
Communication Records with Infringer
Authorization Letter or Power of Attorney

Pricing Plans

Basic

5000
  • Consultation
  • Infringement Assessment
  • Draft Notice
Most Popular

Standard

10000
  • Everything in Basic
  • Evidence Review
  • Notice Sending

Premium

15000
  • Everything in Standard
  • Legal Strategy
  • Follow-Up Support

Frequently Asked Questions

What is patent infringement?

Patent infringement is the unauthorized making, using, selling, or importing of a patented invention without the patent holder’s permission.:contentReference[oaicite:1]{index=1}

How is infringement determined?

Infringement is evaluated by comparing the accused product or process with the claims of the valid patent to see if every claim element is met.:contentReference[oaicite:2]{index=2}

Can I send a notice before litigation?

Yes — sending a legal notice to the infringer is often a first step before escalating to court action.

What remedies are available?

Remedies can include injunctions to stop activities and monetary damages for losses suffered.

Does infringement differ by country?

Yes — while the concept is similar, specific laws and procedures vary by jurisdiction.

Get Free Consultation

Fill the form below and our expert will contact you

Call us directly

+91 8905338834