Ask the Experts: What can I do if someone is using my invention without my permission?

No items found.
​
September 2, 2021

In the previous articles, we looked at the mechanics of filing a patent application. In this last article of our ‘Ask the Experts' series, we will be addressing some of the other ways in which a patent attorney may help your business.

Q: I've applied for a patent, and I'm planning to go ahead and launch my product – is there anything else I should worry about?

A: One of the most common misconceptions about patents is that they are a ‘green light' to launch a product or service. Owning a patent allows you to prevent someone else from using your invention (or allows you to charge them for it). If your product or service uses another invention which is the subject of someone else's patent, and that patent is still in force, they can assert their patent rights against you. Whether or not you have obtained any patents, it can be useful to engage a patent attorney solely to assess your product or service for the risk of potential patent infringement. This is sometimes referred to as a ‘freedom to operate (FTO)' check.

The patent attorney will assess whether your product does fall within the scope of a patent and may also evaluate the validity of the patent: it may be that it was incorrectly granted. This information can then be used to assess the relative risks and benefits of different possible ways forward.

Q: Someone else is using my invention without my permission – what can I do?

A: As in the previous question, a patent attorney can first assess whether the other party is actually infringing your patent. If so, they can then advise on various options which can be used to enforce your rights. These may include offering a licence agreement or bringing infringement proceedings through the courts. As with other advice, this will be based on risk, costs and desired (or potential) outcomes.

Q: What else can a patent attorney help with?

A: Conflicts can arise when someone believes that an applicant for a patent was not actually entitled to apply for (and be granted) the patent. These disputes can be avoided by seeking advice very early on (before starting research) to ensure that the ownership of rights arising from inventions is clear. This is particularly important where research is done by people other than employees, such as contractors, or under a joint research agreement.

Because patents and applications are published, they can provide a useful tool to see what your competitors may be planning, or even to identify competitors you hadn't spotted earlier. Patent attorneys can help with monitoring patents in your technical field as part of a competitive intelligence strategy.

Why not download ‘The Ultimate Patent Guide for SMEs' to understand more about how your business can successfully use patents to accelerate growth?

Our in-house experts at EIP work with businesses of all sizes to provide practical commercial advice. We are a specialist patent firm with practising offices in the US and Europe, and capable of coordinating the filing and prosecution of patent applications worldwide.

The information in this article is for guidance only and should not be taken as legal advice. If you run or work for an SME and need advice regarding patents, contact us today.

Click here for article one, article two and article three of the series.

The Latest Thought Leadership pieces in the Content Hub

No items found.
Stay in the Know

The Patent Strategist

Get expert insights and the top patent stories delivered straight to your inbox.

Heading
This is some text inside of a div block.
This is some text inside of a div block.

Latest Insights

Showing 0 of 100
Quantum IP Strategy: Own control Points, Not Patent Counts
14 October 2026
In quantum, the strongest portfolios will not be the biggest. Stuart Malcolm sets out six moves for owning the control points the market cannot route around, and the questions investors will ask.
#
Consulting
​
Targeted, Not Transformative: The UKIPO’s Considered Course on SEPs
13 October 2026
Andrew Sharples analyses the UKIPO's response to its SEP consultation, exploring proposed changes to FRAND dispute resolution, SEP transparency and licensing guidance, and what they mean for SEP holders and implementers.
#
Consulting
​
Chinese Companies in European Patent Litigation
30 September 2026
Chinese companies are becoming increasingly active in European patent litigation, both as defendants and as patent owners enforcing their own rights. This article examines the growing role of Europe and the Unified Patent Court (UPC) in global patent disputes, highlighting key cases involving Chinese businesses and the strategic opportunities and risks that come with operating in European markets. It is the first in a series exploring the practical implications of European patent enforcement for Chinese companies.
#
Patenting
​
How to mitigate prior art traps for follow-on pharma patents
27 August 2026
Follow-on patents are increasingly important for pharmaceutical innovators. Learn how new EMA clinical trial disclosure rules create prior art risks and discover practical strategies to protect pharmaceutical IP and maximise patent value.
#
Consulting
​
Chinese companies and the UPC: from enforcement targets to strategic users
13 August 2026
Chinese companies are playing an increasingly significant role in UPC litigation, accounting for around 38% of infringement actions in 2025. While many remain defendants, a growing number are actively using the Unified Patent Court to enforce their own patent rights across Europe. The trend highlights the UPC's rising importance for Chinese businesses operating in sectors such as telecommunications, semiconductors, medical devices and renewable energy, and signals a shift in global patent enforcement strategy.
#
Patenting
​
Evaluating the environmental impact of patent AI.
31 July 2026
AI's environmental impact is rarely out of the headlines, but how does it compare to the benefits it delivers in practice? In this article, Laurence Brown examines the energy use of AI-assisted patent drafting, comparing it with traditional drafting workflows. While measuring AI's true environmental footprint is far from straightforward, the analysis suggests that AI-assisted patent drafting may already be more energy efficient, while delivering significant productivity gains for patent professionals.
#
Patenting
​
UPC appeals after three years: Early indications on appeal success rates
15 July 2026
Three years into the UPC, appeal overturn rates sit at 56% for both substantive and preliminary injunction cases, with Kodak v Fujifilm among the rulings reshaping outcomes on appeal.
#
Litigation
​
The UPC After Three Years: From Experiment to Enforcement Forum
15 July 2026
1,282 cases filed at the UPC in three years: infringement actions have surged while revocation filings stayed flat, easing fears the Court would become a European patent graveyard.
#
Litigation
​
Podcast: Building an AI-Native Law Firm
26 June 2026
On the Technically Legal podcast, EIP partner Laurence Brown discusses how Visser AI is redesigning patent workflows, letting the firm offer fixed fees without trading away speed or quality.
#
Patenting
​
Choosing your SEP battleground: UPC, Germany or UK?
07 June 2026
Choosing the right venue for SEP litigation can significantly influence the outcome of FRAND disputes. This article compares the UPC, German and UK courts, examining their approaches to injunctions, FRAND defences, rate-setting and enforcement. It highlights the strategic advantages of each jurisdiction and explains why many SEP owners are increasingly turning to the UK and UPC as part of their European enforcement strategy.
#
Litigation
​
Synthetic Lethality & AI: IP Strategy in Oncology
26 May 2026
This article explores the resurgence of synthetic lethality in precision oncology, highlighting how AI and machine learning are accelerating the discovery of new therapeutic targets. It also examines growing clinical activity, investment, and the evolving intellectual property challenges shaping this emerging field.
#
Consulting
​
Inside the Visser AI Launch Party
20 May 2026
EIP has officially launched Visser AI®, our hybrid intelligence service for patent drafting and prosecution. Watch the launch film from our event at The Boundary in Shoreditch, and discover how our team of European and US patent attorneys — working with the Patently AI platform , delivers faster, lower-cost work at the EPO, USPTO and beyond.
#
Consulting
​
Protecting Your Startup: Five Intellectual Property Mistakes to Avoid
20 May 2026
Early‑stage startups often focus on product development and fundraising, but overlooking intellectual property (IP) can seriously damage long‑term value. This article explores five common IP mistakes startups make, with a particular focus on patents. It covers the risks of filing patents without professional advice, making public disclosures too early, failing to put enforceable contracts in place with third parties, misunderstanding what patent rights actually provide, and neglecting to develop a clear IP strategy. By highlighting these pitfalls and offering practical guidance, the article helps startups protect their innovations, strengthen their commercial position, and improve their prospects with investors.
#
Consulting
​
Technology, Patents, and Sport
13 May 2026
VAR, goal-line tech, AI 3D player avatars, wearable trackers, the technology reshaping the 2026 World Cup and elite sport rests on a patent system that makes the R&D investment behind it worth taking.
#
Patenting
​
Patents or Trade Secrets? When to Patent in Deep Tech Innovation
11 May 2026
Deep tech companies face unique IP challenges due to long development cycles, high upfront investment, and complex technologies that combine products and processes. This article explores when patents, trade secrets, or a combination of both offer the strongest protection. It explains how factors such as detectability, reverse engineering risk, disclosure to third parties, and employee mobility should shape IP strategy decisions. While patents are often best suited to externally visible or licensable technologies, trade secrets can be highly effective for internal processes and know‑how that deliver performance or cost advantages.
#
Patenting
​