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Opinion on patent infringement

A patent holder, if his/her registered exclusive rights to an intellectual property object are infringed, may apply to a court to protect his/her interests. The civil legislation also provides for the pretrial method of settling a dispute, but such conflicts rarely end with an amicable settlement prior to a court trial.

In order to form an evidence base for a statement of claims, it would be appropriate for the affected person to obtain an expert opinion on infringement of the patent. It is to be noted that patent disputes are among most complex and long ones, since the plaintiff should prove that the defender makes use of exactly his/her technology, innovation protected by the registered patent in order to manufacture some or other products. An independent expert should carry out a lot of analytical work while comparing a specimen of the infringer's product with a description and characteristics of the intellectual property object.

An opinion on infringement of a patent may be obtained both before applying to a court and on the basis of a court order issued during case proceedings.

The patent owner may order pretrial examination at his/her own initiative in a case where:

  • he/she has doubts about soundness of suspicions;
  • he/she tries to settle the dispute under the pretrial procedure;
  • he/she intends to form a solid evidence base for the purpose of applying to a court.

Court examination may be ordered by a court in a manner provided for in the arbitration or civil procedural legislation.

Our Patent Bureau can offer skillful assistance to you in preparing opinions on illegal use of a patent.

Court practices show that the more evidence and opinions are submitted by the plaintiff together with the statement of claim, the greater is the possibility of his/her success in legal proceedings. An examiner may be asked various questions for the purpose of finding objective truth; and we are ready to provide assistance for drafting and formulating a list of correct questions for an examiner.