How can you monitor your patents for infringement?

Monitoring patents for infringement involves several strategies. Regularly reviewing patent databases and publications helps identify potential violations. Setting up Google Alerts for key terms or specific competitors can provide real-time notifications. Collaborating with industry associations and networks can uncover infringement news. Utilizing professional patent search services offers comprehensive analysis. In some cases, hiring a patent attorney or intellectual property firm enhances expertise. Continuous market surveillance and competitor analysis contribute to proactive infringement detection. Legal actions may follow, including sending cease-and-desist letters or filing lawsuits.

Means of monitoring is going to depend on the technology area you are working in. A physical product or package can be monitored by watching on-line launches and box-store launches. Method infringement is difficult to monitor. You may suspect a product can only be made by your patented method but this will take analysis of your patent and the product. Software innovation can be monitored by bots that search for keywords. If you think your patent has been infringed make sure you work with a patent attorney before you take any action. A letter to a potential infringer starts the clock ticking and also puts the potential infringer on notice. The infringer may take legal action before you have fully analyzed the situation.

Whilst patent searches can inform you about your competitors latest innovative activity, it is important to remember that it is only their commercialisation of that innovation that will infringe your patent - not all patented technology makes it onto the market. That said, patent searches can give useful insights into the ongoing development work of other companies as, depending on the development timeframes, patent publications can often appear ahead of other public information about a new product. For this reason, I often encourage the businesses I am working with to have regular patent 'watch' searches in place. Patent searches can also help you identify potential partners.

Patent databases like Google Patents and the USPTO are great for quick, initial searches, offering easy access to a wide range of patent documents. However, for a comprehensive, global perspective, paid databases are invaluable. They provide advanced search capabilities, detailed analytics, and extensive global coverage, essential for thorough due diligence and strategic IP planning. While free databases are useful starting points, paid databases offer the depth and breadth needed for navigating the complex global patent landscape effectively.

Patent databases can help a patent owner get a feel for the patent landscape in the technology area and identify companies who are active in the space. Searching databases has never been easier with the use of keywords, classifications, and natural language processing. Patent database searches can also help a patent owner identify their own infringement risks, as well as highlight whitespace areas for future innovating and patenting. That said, a competitor or potential infringer might not file patents in the space and could slip through without mention in a patent database. Accordingly, patent databases are typically used by patent practitioners to start identifying relevant patents and companies to investigate for infringing use cases.

Patent analytics tools can give a patent owner insight into potential infringers, e.g., companies who are active in the technology area. More specifically, some patent owners believe that citation analysis can reveal the value of a patent. The concept is that a patent that is cited as prior art by later-filed patent applications is likely infringed by those applicants. While this might identify relevant players, it does not take the claims into account and is not determinative of patent value. Similarity of specifications is not demonstrative of infringement. As such, patent analytics tools are typically only used by patent practitioners to help identify relevant patents, companies, and use cases to investigate further.

Instagram is my favorite tool. Like every technology that is even remotely like yours and they will do the work for you. Obviously not appropriate for all types of technology, but amazing for many.

This can also be useful, with the same limitations that regular patent searches have - i.e. patent data does not always reflect current commercial activity.

Monitoring the market and media has advantages over patent searches, in that the results of this sort of intelligence will inform you of current commercial activity. Once you identify potential infringers in this way, a patent search might then reveal more technical detail about the product (if the infringer has sought to patent their product).

This article is clearly autogenerated and very misleading. The companies listed usually handle patent annuities and maintenance, not really a “patent infringement watch service”. In fact, the service doesn’t really exist as it’s described here. Be very careful when taking advice from autogenerated articles like this.

It is always advisable to take advantage of expert help, both for determining the criteria for a patent watch search and for reviewing the search results.

Our approach to patent watch involves several key steps to ensure effectiveness and strategic value: 1. Data Aggregation: We gather comprehensive data from global patent databases, ensuring broad coverage of relevant IP developments. 2. Advanced Analytics: Using sophisticated tools, we analyze this data to identify trends, potential infringements, and opportunities. 3. Expert Interpretation: Our team of IP experts interprets these analytics, translating complex data into clear, actionable insights. 4. Customised Reporting: We tailor our reports to each client’s specific needs, focusing on information that directly impacts their business and innovation strategy.

When I am working with the businesses I support, one of the things I always encourage is that responsibility for spotting potential IP infringement is not focused on one individual. Often the most likely people to first become aware of an infringement are your sales force, as they are generally close to the market. It is also prudent to keep an eye on what competitors are up to at trade fairs, conferences, etc. Most importantly, once you detect a potential infringement, stop and ask whether there is actually a commercial case for taking action and carefully plan what action to take, including how you will escalate things, so you understand what you are getting into before taking action.

If you are not aware of the latest technologies and innovations in commercial market, then you would at a disadvantage. The best way is to take help of an expert in infringement analysis who is up to date with the trends and technologies. You would be surprised to know that a patent can be enforced on multiple types of products. For example, a wireless or a networking patent can also be relevant to 5G/LTE technology. It takes a patent expert to evaluate all aspects of infringement. Even a technical expert might miss certain aspects or potential target areas due to their narrowed interpretation of claims or the invention some times.

In Patent Law Practice, the complexity and ever-evolving nature of technology and legal landscapes make it a unique field. An external team adds value primarily by bringing specialized expertise and a broader perspective. As a service provider we stay updated with global patent law changes and technological advancements, offering insights that internal teams might miss.