Patent Infringement Defense

Patent infringement defense is one of the most complex and strategic areas of intellectual property law. When a company or individual is accused of unauthorized use of another person's patented invention, utility model, or technology, it can lead to severe financial and reputational damage. The law grants patent holders the exclusive right to prohibit the use of their invention, meaning that losing a dispute could result in a ban on manufacturing, selling, or importing products, along with significant damages. Patent infringement defense services involve the engagement of qualified patent attorneys and lawyers to develop an effective defense strategy. This may include proving that your product does not infringe the patent or countersuing to invalidate the plaintiff's patent entirely.

What Does Patent Infringement Defense Service Cover?

Specialists listed on Legal.ge offer comprehensive services in this field:

• Non-infringement Opinion: Detailed technical and legal expertise to determine whether your product or method truly falls within the scope of the claims of another's patent.
• Invalidity Defense: A counter-strategy aimed at revoking the plaintiff's patent due to lack of novelty or inventive step.
• Prior User Rights Defense: Proving that you were using the technology before the priority date of the patent.
• Negotiations and Licensing: Resolving disputes out of court, signing licensing agreements, or reaching a settlement.
• Representation in Court and Sakpatenti: Protecting interests in civil courts as well as in the Chamber of Appeals of Sakpatenti.
• Responding to Cease and Desist Letters: Preparing legally grounded responses to claims made by patent holders.

Real-World Scenarios Where You Need This Service

This service is critically important in the following scenarios:

• Competitor Lawsuit: A competitor has sued you, demanding a halt to your production because they believe you are using their patented technology.
• Product Export: You plan to export products to a foreign market but receive notice that a similar patent already exists there, barring import.
• Customs Seizure: Customs authorities have detained your shipment upon the patent holder's request, and you need to prove the goods are not counterfeit.
• "Patent Trolls": A non-practicing entity demands money for the alleged use of their patent. Aggressive defense is required.
• Tech Startup: Investors require a "Freedom to Operate" guarantee ensuring your innovation does not infringe on third-party rights.

Georgian Legal Framework and Regulations

Disputes related to patent infringement are regulated by the Patent Law of Georgia. The law defines what constitutes patent use and what exceptions exist (e.g., experimental use or private use). Disputes are heard in general courts according to the Civil Procedure Code of Georgia. Additionally, patent invalidation procedures may be conducted in the Chamber of Appeals of Sakpatenti. The Civil Code of Georgia is relevant regarding damages, and the Customs Code applies to rights enforcement at the border.

Service Process Step-by-Step

The defense process is complex and involves:

1. Situation Audit: Analyzing the lawsuit or claim and studying the opponent's patent.
2. Strategy Development: Deciding whether to attack (invalidate the patent) or defend (argue non-infringement).
3. Evidence Gathering: Technical expertise and searching for "Prior Art" to invalidate the patent.
4. Negotiation or Litigation: Presenting the official position and defending interests.
5. Enforcement: Concluding the process, avoiding or minimizing damages.

Why Choose Legal.ge?

Patent disputes require not only legal but also deep technological knowledge. Legal.ge gives you access to licensed patent attorneys and IP lawyers experienced in complex disputes. Through our platform, you can protect your business from baseless accusations and maintain your market position.