Patent infringement claims can indeed be malicious or unfounded. These sorts of claims are often referred to as “patent trolling” in the industry, where entities assert patent rights far beyond the actual value of the patent, often targeting firms indiscriminately to extract settlements. It’s important to assess the legitimacy of the claim carefully. Generally, these claims aim to pressure small to medium-sized businesses into quick settlements to avoid costly litigation.
If you suspect that a patent infringement claim is malicious or bogus, there are several steps you should take:
Review the Patent and Claim Details: Obtain a copy of the pertinent patent documents and thoroughly review the claims made against your product or service. Ensure that you understand every claim and how it allegedly relates to your operations.
Seek Professional Advice: Consulting with a patent attorney is crucial as they can provide expert insights into whether the claims have merit and advise you on the specifics of patent law. They can also assess the patent’s validity, its claim scope, and examine previous use, which might invalidate the infringement claim.
Check Patent Validity: Sometimes patents are issued despite having prior art readily available that could invalidate them. A professional can help you conduct a prior art search to contest the patent’s validity.
Negotiate or Litigate: If the claim appears unfounded even after due diligence, you may choose to negotiate with the claimant to avoid litigation or challenge the claim in court if amicable resolution is unachievable.
Consider Defensive Strategies: If you frequently encounter these issues, strategic patenting and building a strong patent portfolio can offer some protection against frivolous claims.
Each case is unique, so it’s vital to tailor your approach based on specific circumstances. Hiring a patent lawyer to guide you through the nuances of the situation and help devise a strong response strategy is often a wise decision.