Patent infringement investigations are specialty cases in which the client retains a private detective to look into the possibility that a person or organization has utilized a patented product or device without the express consent of the intellectual property holder.
A patent is an exclusive right to use, sell, manufacture or promote a particular product or device granted by a government or state. When a patent is infringed upon, the holder of the rights may pursue legal action against the violator, especially if the infringement occurred for commercial gain.
This dissertation details the highly specific niche sector of patent violation investigation.
Private Eyes and Patent Investigations
Patent investigators serve 2 main purposes. First, they are sometimes hired to make sure a new invention will not violate any existing patent when a product is considered for market. Second, patent investigators are brought in to determine if an existing patent has been violated by a new product or service that is already being manufactured or marketed.
Patent investigators are a niche group within the private investigation industry and generally have a background in law. Some attorneys focus their practice on this particular facet of the legal sector and often work closely with investigators to get the information they need in order to win an infringement case in court.
Patent Infringement Violations
Patent violation can be a difficult case to win in open court, unless the infringement is obvious or involves theft of intellectual property or proprietary concepts, ideas, technologies or components. Investigators who work these types of cases often employ a combination of traditional investigation arts, such as surveillance, as well as specific methods of proving that the infringement exists.
Remember that patents are granted for a limited duration and are subject to generic versions of the product as soon as the patent expires.
Patent Infringement Detectives
Foreign exploitation of patented products has become a huge problem in the modern world. Knock-off products and generic copies of patented items are manufactured in many countries which do not do enough to uphold patented technologies.
China is perhaps the largest manufacturer of counterfeit goods, many of which infringe on known patents. However, enforcement of these legal rights is virtually impossible on an international level and can usually only prevent an infringing product from being imported into the country where the patent holds firm.
To learn more about patent investigation, consult with a professional investigator or speak directly to your attorney.