How do I use my patent to stop unauthorised commercial use of my invention?
You should always seek professional advice before making any approach to an unauthorised user. To start with, we would normally notify the unauthorised user of the existence of the patent and ask for the user s comments within a short reply period. If those comments do not lead directly into settlement discussions, you would need to consider whether to sue the unauthorised user for patent infringement. The remedies available in such an action, provided that the patent is valid and has been infringed, would normally include: i) an injunction (restraining order); ii) an award of damages (compensation); iii) an order for delivery-up or destruction of infringing products in the infringer s possession; iv) an order to compensate your legal costs; and v) ancillary orders such as disclosure of details of suppliers and customers, if appropriate. In urgent cases, pre-action or pre-trial (interim) orders, including restraining and search orders, may be available. In appropriate cases it is also
