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Infringement and Validity Assessments


Intellectual property concept

   

Clients often consult Mancunium IP before entering a new market, or before beginning to import/ export a new product, so as to avoid infringing other companies' patents, trademarks or design rights.

We conduct due diligence including analysing competitors IP positions - the validity, breadth and enforceability of their patents, registered designs or trade marks, so as to recommend specific non-infringing product designs or arrangements and thereby avoid infringement. This is usually done following a free to use or prior art search covering the jurisdiction in question, although we can conduct an Infringement and Validity Assessment by comparing specific technologies, and in the absence of a professional search. A report and written opinion is drawn following each assessment


We can also help you obtain consent from patent or trade mark holders, negotiate licence terms, and can assist with the selection of a different and distinctive brand or trademark, one that is unlikely to infringe.


Such solutions can save substantial monetary sums in unnecessary litigation expenses by avoiding liability before entering a market.


Where there are allegations of patent infringement or invalidity, a party may apply to the UK Intellectual Property Office for an opinion as to whether


(a) a particular act constitutes (or if done, would constitute) patent infringement, and / or;
(b) that the invention in question is not patentable due to a lack of novelty or absence of an inventive step.

The opinion is not binding on any party. However generally the opinion serves to assist a party see the merits of an action, the likely costs of infringement proceedings and /or to negotiate a settlement. Either a patentee or the exclusive licensee of the patent may apply to the IPO for a review of an opinion.


If you are thinking of entering a new market with your product, are considering introducing a new brand, or have recently been threatened with Patent / Trade mark Infringement proceedings, contact us here for an initial assessment. Alterntatively you can email us on here