Patent infringement

Infringing a patent means manufacturing, using, selling or importing a patented product or process without the patent owner's permission.

The owner of a patent can take legal action against you and claim damages if you infringe their patent.

How to avoid infringing

Patent applicants have to provide a full description of the invention. You can ask us for an opinion, to check if what you want to do would infringe a particular patent. If it would infringe, you may be able to agree terms with the owner, or even buy the patent from them.

You can check our database of patents that are currently Not in Force.

If you are infringing get professional advice quickly from a patent attorney or solicitor, because the owner can sue you.

What if someone sues you for infringing?

There are two basic types of defence if someone claims you are infringing their patent:

• You are not infringing - what you are doing does not infringe their patent claims, or
• The patent is invalid - you can take legal action to challenge the validity of the patent. If you win, their patent may be cancelled (revoked). The loser usually has to pay both sides' costs, so think hard before starting legal action.

If someone intends to sue you for infringement, you can try to reach agreement with them on using their patent. Get professional advice from a patent attorney or solicitor, but do not do or say anything yourself.