The need for a patent expertise arises, as a rule, in cases of dispute over patent infringement.
Situation 1: You get a claim from a certain person that a patent owned by him is used in your product. The claim contains a demand to stop production. You do not accept the claim and want to find out a reliable way to protect your business.
Situation 2: You suspect your competitor in use of your patent. So, you deliberate about starting a lawsuit and want to estimate probability of success and concomitant risks.
The validity of the assertions in both situations must be carefully checked. For this purpose we will conduct the patent expertise in the following areas:
- Examination of product or technology process on the subject of use the patent
This examination allows to determine whether the patent is actually used in a product, i.e. whether the product contains all the features presented in an independent claim. The result of such check is far from always obvious, often an independent claim includes redundant features that to a greater or lesser extent narrow the scope of protected rights.
- Examination of the patent for the legitimacy of its granting by the Patent Office
In the course of this examination, we investigate the patentability of the patented invention on the base of the results of conducted information search, and check the compliance of the patent application with the requirements stated by the law. The possible revealing of a source discrediting the patentability of the invention, or finding in the materials of the application the principle inconsistencies to the established requirements makes it possible to raise the issue of revocation of the patent.
We are ready to provide you with expert support in lawsuits concerning patent infringement.
Based on the results of the conducted patent expertise we will develop a set of appropriate questions for the experts appointed by the court. Properly formulated questions will make the experts to come to the conclusions needed for you and give the answers that will convince the court to render the decision in your favor.
Challenging Validity of Patents and Trademarks
If conducted patent expertise reveals grounds for proving invalidity of granting a patent or registration of a trademark we can act as your representative in the Chamber of Patent Disputes of Russian Patent Office on the issue of challenging the patent or the trademark.
We will develop and file opposition on the decision of granting the patent or registration of the trademark, take your side on sessions of the Chamber of Patent Disputes and undertake all necessary actions connected with the matter.
We are ready to provide you with a quotation on above services under your request.