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Ken Targett

Hampshire, United Kingdom

Intellectual

Property

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Patentability
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Enforcement
British Patents
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Enforcement of patents

Although the patent monopoly is granted by the state, it is not policed by the state, and it is down to the patentee to take action against any infringements of the monopoly.

Most infringement disputes are settled out of court, with the infringer agreeing to stop infringing, with the patentee and infringer agreeing a licence, or with the patentee realising that the patent is not infringed or is invalid.

In a case which cannot be settled, the patentee can take court action. On the one hand, if the patentee is completely successful the remedies include an injunction to restrain continued infringement, destruction of any infringing articles, damages or an account of profits, and legal costs. On the other hand, if the patentee is completely unsuccessful, the patentee may need to pay the infringer’s costs, together with damages if the patentee obtained a temporary injunction while the court action was pending.