19 July 2017

Patents: why design-arounds are now harder

A recent judgment of the Supreme Court (Eli Lilly v Actavis) has revisited the law on the scope of protection of patent claims.

Patent holders can be pleased that the decision has broadened the previous test, and they are now more likely to be able to stop competitors who have attempted to design-around their patents.

For those competitors, things are harder: the test requires not only a consideration of the literal scope of the claim of the patent but, even if it falls outside this scope, if your product uses functionally equivalent elements to those directly claimed, there is now a higher chance you will still infringe.

5 July 2017

Why you could be sued for making threats to sue

Patents, trade marks and designs are valuable intellectual property assets, and the temptation is to act first and think later if the value of those assets is put at risk.

However, while firing off a cease and desist letter to distributors and retailers of infringing products may seem like an obvious first line of defence, this strategy is not without its pitfalls.