It is the responsibility of patent owners to identify cases of infringement and enforce their rights. You should therefore keep an eye on the market and pay close attention to your competitors and their products.
Is someone taking advantage of your invention without your permission? Take a considered approach in such cases. Document the unlawful acts. A patent attorney or solicitor can help you analyse the situation. He or she will clarify the legal situation and can suggest further courses of action.
Many cases of infringement occur unintentionally and the parties involved are usually able to resolve them out of court. This is quicker and cheaper than litigation. Often, it is sufficient to simply send a cease-and-desist letter indicating the infringing act and describing the legal situation and consequences if the infringement continues. You can also offer to negotiate a licensing agreement.
If you are unable to reach an agreement, you can bring an action for patent infringement before the Federal Patent Court (infringement action).
Federal Council adapts copyright law to the digital age
27.09.2017 | Event
Séminaire IPI / LES: «développements récents en droit des marques», jeudi le 9 novembre 2017 au Novotel Genève
Patents and pharmaceuticals - Public event at the IPI in collaboration with the European Patent Office