Værdi fra viden

Patent School

The most common mistakes

doubts, yes, no-3747362.jpg

1. Patentability is mistaken for infringement

This is perhaps the most common mistake. The assessment of whether a patent has been validly granted must be kept separate from the assessment of whether the patent is infringed. Thus, the fact that a patent has been granted is not in itself a defence against patent infringement. Despite this fact, the presence of a proprietary patent is a popular defence argument in litigation when patent infringement cases are filed.

2. A patent application is regarded as a granted patent

A patent must be granted before it can be enforced. It is not sufficient that a patent application has been filed.