No. 37

Defending and Enforcing Your Intellectual Property Rights

Intellectual Property Attorneys are always there to support you at every stage of the life cycle of your IP rights. They’re not only able to secure your IP rights, they can also be actively involved in defending and enforcing them.

Defending your IP rights

Every year, a small number of patents are opposed by third parties. For example, in Europe there is a 9-month window after grant during which a European Patent can be opposed. During opposition proceedings, one or more third parties can challenge the grant of a patent as incorrect, potentially leading to the revocation of the patent. For UK patents, competitors can seek to challenge the validity of your patent and obtain its revocation at any time after grant by using the UK Intellectual Property Office’s opinions service. As these proceedings can result in the loss of your patent rights, your attorney must be experienced in the unique challenges of a validity dispute.

European Patent Attorneys can represent you in any opposition proceedings at the European Patent Office. They can also represent you should you wish to oppose a competitor’s patent. Likewise, a UK qualified Patent Attorney is perfectly placed to represent you during any validity challenge before the UK Intellectual Property Office. At Murgitroyd, we frequently assist clients with validity disputes before patent offices around the world and have significant expertise in handling complex and high-value opposition proceedings before the European Patent Office.

Enforcing your IP rights

Intellectual Property Attorneys also assist in making sure your IP rights are respected. They can act on your behalf to stop any infringement by sending warning “letters before action”. Equally, they are available to help you assess your next actions should you ever receive such a letter.

IP Attorneys often work as part of a larger team of legal advisers in relation to any infringement proceedings experienced by their clients. As well as providing advice on the specific merits of an infringement action, at Murgitroyd we pride ourselves in constructing teams of advisors to successfully and cost-effectively leverage our client’s position in an enforcement action. Away from the courtroom, we continually work with our clients to review the commercial picture as a whole for innovative solutions to any ongoing dispute.

For a more detailed explanation why not listen to our Innovation Talks podcast episode ‘How Can We Defend & Enforce Your IP Rights‘ available on Apple Podcasts, Spotify, Spreaker, Deezer or Stitcher. Why not subscribe so you don’t miss our future episodes!

Speak to an Attorney before you launch a new product to discuss your IP now:

For more information or to speak to one of our experts, contact us now.

Thomas Gibb
Tom Gibb
Director, Patents