2018-04-23
A patent legally protects individuals’ and entities’ invention from being misused. This legal protection is bestowed upon an inventor as a reward for their creativity that resulted in the invention in the first place. Furthermore, obtaining a patent gives the inventor the legal exclusivity to use their patent in any manner they deem fit for financial benefits. Considering the above, when you intentionally or otherwise, utilize, sell, or offer to make a sale of a patented invention, you can be held responsible for patent infringement. The question remains- how do you ensure you aren’t infringing on an existing patent? Here are a few steps you can make note of:
Start Searching for Existing Patents
For those utilizing an invention for operational efficiency without a license, it is imperative to ensure that there are no existing inventions protected by a patent. How do you make sure of that? You have access to the official Canadian Patents Database that will aid you in your search. It is important to ensure you are not making use of an invention for commercial purposes whilst it is protected by an existing patent.
Be Aware of Competitors’ Products
There have been instances where two rival competitors are developing the same product. In order to prevent this from happening, it is useful to search for patents as a part of the research and development process. Figuring out their area of innovation can give you the ability to intuitively identify their next invention and may help you prevent infringement.
Differentiate Your Invention
A patent is granted to those inventions that are sufficiently unique. The advantage of looking up existing patents as a part of your research and development process is that you can make valid comparisons on the basis of the information you find. Based on what you learn, you can attempt to sufficiently differentiate your invention to the extent that it passes the ‘uniqueness’ criterion.
Approach a Patent Lawyer or Agent
Contrary to popular belief, a patent lawyer or agent can be used for more than just patent registration and to avoid mistakes associated with registering your patent. A patent lawyer or agent can perform a patent search of all companies and competitors known to invent similar products. Doing the search manually can be complicated and time-consuming. Patent lawyers and agents are sufficiently equipped with the necessary tools and knowledge to complete a proper search.
The legal framework related to patents is complicated and being held responsible for patent infringement is a difficult place to be. If you believe that your unfinished invention or the inventions that you are utilizing for your operations is possibly infringing on an existing patent, it is better to contact a patent lawyer or agent for guidance.
