What counts as patent infringement?

Patent disputes can appear highly technical, but the underlying questions are surprisingly consistent. Whether you own a patent and suspect it is being copied, or you have been told that your product infringes someone else's patent, it helps to understand how infringement is usually assessed.

Everything starts with the claims

A patent is defined by its claims, the numbered statements at the end of the document that set out precisely what is protected. The description and drawings help to explain the claims, but it is the claims that mark the boundary of the monopoly. Infringement analysis therefore begins by breaking each relevant claim into its individual features.

Each feature is then compared with the product or process in question. Broadly speaking, if the product contains every feature of a claim, it is likely to fall within the scope of that claim. If one essential feature is missing or is genuinely different, the analysis becomes more nuanced and may depend on how the claim should be interpreted.

Activities that may infringe

Patent protection usually covers a range of commercial activities involving the protected invention, not only manufacturing. Depending on the circumstances, these can include:

• making a product that falls within the claims
• using a patented process, or dealing in products made directly by that process
• selling, offering for sale or otherwise putting such products on the market
• importing such products for commercial purposes

The precise scope of the activities covered, and any exceptions such as private or experimental use, should always be checked against the specific facts and the applicable rules.

Validity is always in play

A patent is only as strong as its validity. If the invention was already disclosed before the patent was filed, or if it would have been obvious to a skilled person at the time, the patent may be open to challenge. For this reason, defendants in infringement cases frequently respond by attacking the patent itself, and patent owners should assess the robustness of their patent before asserting it.

Common defences

• The product does not contain every feature of the claim.
• The patent is invalid because of earlier disclosures or lack of inventive step.
• The patent has lapsed, for example because maintenance fees were not paid.
• The defendant has a licence or another right to use the invention.
• The defendant was already using the invention before the patent was filed, where such a defence is recognised.

Why expert evidence matters

Patent cases often turn on technical questions: how a component works, what a person skilled in the field would understand a claim to mean, or whether an earlier publication really disclosed the invention. Independent technical experts are frequently needed, and their involvement should be planned early so that the evidence supports the legal strategy.

Before you act

If you suspect infringement, secure samples and documentation before raising the issue with the other side. If you have been accused, avoid making admissions and take advice on both the scope of the claims and the validity of the patent. In either position, a careful feature-by-feature analysis is the most reliable guide to the strength of the case.

This guide is general information about intellectual property in Iran and is not legal advice. For advice on your situation, contact info [at] iraniplaw [dot] com.