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elkfife@elkfife.com

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Patents

Patent Validity and Infringement

Sometimes patents have to be enforced.  In some industries this is rare, in others it is a day-to-day reality.  You need to know whether a given act will infringe a patent.  You need to know how that will apply in different countries.  You need to know if a patent is valid or invalid.  Our job is to give you a clear answer to these questions.  And in the end, there is a binary outcome – a patent is infringed or it is not, and to the extent it is infringed, the subject-matter is either valid or it is not.

You will also need practical advice, such as will a patent be granted by the EPO or UKIPO?  If granted, would it survive opposition or appeal, at the EPO?  Would it ultimately be held valid by the UK courts or other courts in Europe?  We will confidently answer these questions.

Infringement is sometimes simple, sometimes not.  You may need to consider equivalents, numerical ranges, contributory infringement, etc.  We will confidently answer these questions.

Sometimes a key question is whether there will be an interim injunction.  What remedies are available?  What forum is applicable (from the UKIPO opinion service to the Patents Court)?  What other members of the litigation team would be required?  We will provide you with sound practical advice.  At this stage it can mean our stepping back and putting you in the hands of a solicitor and counsel, who will work with you and the experts.  If that is what is best for you, that is the advice we will give.

Meet the team
Richard Gillard
Partner
Richard has 15 years of experience in the full range of patent services, including drafting, prosecution, opposition and opinion work.
Simon Greene
Consultant
Simon is a former EPO examiner with extensive experience in prosecution of difficult cases and drafting for clients both locally and abroad.
James Anderson
Partner
James has experience across all aspects of patent practice. A large proportion of his time is spent working on high value European patents.
Richard Cooke
Partner
Richard joined Elkington and Fife LLP in October 2005 and qualified as a Chartered Patent Attorney in 2008 and a European Patent Attorney in 2010.
Nick Ertl
Partner
Nick has 20 years experience in the drafting of patent applications and their prosecution around the world, especially before the EPO.
Rob Zijlstra
Consultant
Rob has particular experience in patent drafting and prosecution covering a wide variety of technical areas.
Rob O'Callaghan
Partner
Rob is an electronics engineer with an active opposition practice. He specialises in inventions related to digital signal processing.
Daniel Portch
Partner
Daniel's specialities include computing, computer programs, communications technology and electronic engineering.
Lee Mullen
Partner
Lee prosecutes patent applications for a wide range of clients before the EPO and UK Patent Office, as well as instructing attorneys globally.
our patent sectors
Whilst our work spans a wide range of subject areas, the majority falls within the following sectors: