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A patent dispute has arisen; please tell me about the types of patent litigation.

Our company held a patent, and we belatedly learned that a competitor was infringing our patent and producing products. I want to respond firmly through patent litigation, but I did not know exactly what types and procedures there are. What should I do to pursue patent litigation?

Patent litigation

Patent attorney

Answer to Related Inquiry

Author: 김국일

In the case you asked about, the owner of the patent can demand that the infringer stop and prevent the infringement, and where there is damage from the infringement, can also claim damages for it and seek restoration of reputation.

If the other party stole the invention and filed a patent application, it should be rejected at the examination stage of the patent application, but even if the patent has been registered, you can file a trial for patent invalidation.

Because a patent right is thus protected under the Patent Act, if your patent has been infringed, it is advisable to respond by identifying the scope of the damage and the degree of the infringement.

In the case of the patent litigation you asked about, proceeding by way of claiming damages is the most common approach.

As for damages for such patent infringement, a patentee or an exclusive licensee can claim them against a person who has infringed his patent right or exclusive license through intent or negligence.

When calculating damages, the amount obtained by multiplying the profit per unit quantity of the goods that could have been sold using the patent may be taken as the amount of damage suffered by the patentee or the exclusive licensee.

If patent litigation is thus necessary, it is advisable to seek help from an attorney with expertise in the relevant field.