Let's continue the discussion on “Introduction to Intellectual Property and Understanding Intellectual Property”. Among them, today we will look at “Strategies for Response to Patent Disputes”.
1. Response Strategies for Claims of Patent Infringement
The countermeasures against claims of patent infringement include 1) licensing in which a license is established after paying a patent fee in consultation with the patent holder, 2) avoidance design to avoid infringing on the patent, 3) free implementation in which the implementation technology is already known, 4) a defense letter claiming to be a free technology, 5) a negative trial to confirm that the subject invention does not fall within the scope of the patent right, and 6) retroactive extinction of the patent right through an invalidation trial based on prior literature.
If the claim of patent infringement is unreasonable, countermeasures include 1) asserting that there is a legitimate right to enforce the patent right, 2) invalidation trial through prior art search, 3) confirmation trial arguing that it does not fall within the scope of the right, and 4) an abuse of rights to which liability for damages belong.
When the claim of patent infringement is justified, requesting cessation of 1) patent infringement in the future, 2) of avoidance design to modify part of claims so as not to infringe the patent right can be a measure against the justified infringement. Plus, corresponding patent application targeting the patentee's actual product, or countermeasures such as license agreement, patent purchase, and patent negotiation to compromise are possible options to be implemented.
2. Response Strategy for Patent Infringement
If patent infringement occurs during a patent application, a claim for compensation and priority examination may be requested. If infringement occurs after patent registration, a warning letter may be sent and a trial/litigation/injunction application can be made after determining whether the patent has been infringed.
Today, we learned about “Strategy for Response to Patent Disputes”. Next, we will discuss “patent literature and prior art research”.
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*I am a student learning IP, not an IP expert. Translation is also by Google translator and my insufficient English skills. I hope it will be helpful for those who do not have the relevant knowledge or who want to learn about IP.
*The above is what I learned from a book compiled by the Korean Intellectual Property Office and Korea Invention Promotion Association (published by Pakmungak) entitled “Introduction to Intellectual Property, Understanding Intellectual Property”.
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