enforce patents against

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joh2001smile

Senior Member
Chinese
This is from a file about patent. Does that mean if your competitors infringe your patent you will infringe theirs to revenge?

Context:
Defensive Purposes – Your patents may deter your competitors from enforcing their patents against you in fear that you may respond by seeking enforcement of your patents against them.
 
  • Cypherpunk

    Senior Member
    US, English
    No, just the opposite. You can seek monetary or other damages and legally bar them from making their product, because they have infringed upon your patents, just as they could do the same to you.
    In your example, you are actually in the wrong (because you've infringed on their patents), but your ability to enforce your patents against them will deter them from seeking enforcement or damages against you. Neither party wishes to stop making their products, so the patents are held as a defense against the other side taking action that would interfere with production of goods.
     

    Thomas Tompion

    Senior Member
    English - England
    This is from a file about patent. Does that mean if your competitors infringe your patent you will infringe theirs to revenge?

    Context:
    Defensive Purposes – Your patents may deter your competitors from enforcing their patents against you in fear that you may respond by seeking enforcement of your patents against them.
    I think this is saying that your patents may help protect your business from legal action for patent infringement. They may have a defensive purpose.

    In the event that you infringe other people's patents, the fact that you have patents of your own may inhibit the other people from suing you, because they may be themselves infringing your patents, and they may fear that this will emerge in any subsequent court action. Thus your own patents may protect you, should you infringe the patents of some other company.
     

    joh2001smile

    Senior Member
    Chinese
    No, just the opposite. You can seek monetary or other damages and legally bar them from making their product, because they have infringed upon your patents, just as they could do the same to you.
    In your example, you are actually in the wrong (because you've infringed on their patents), but your ability to enforce your patents against them will deter them from seeking enforcement or damages against you. Neither party wishes to stop making their products, so the patents are held as a defense against the other side taking action that would interfere with production of goods.
    Now it appears to me that the sentence does contain some implications that 'you' has infringed the competitors' patents and your patent is here to deter their possible legal action.
     

    Thomas Tompion

    Senior Member
    English - England
    Now it appears to me that the sentence does contain some implications that 'you' has infringed the competitors' patents and your patent is here to deter their possible legal action.
    Hello Joh,

    Your text says Your patents may deter your competitors from enforcing their patents...

    This doesn't necessarily mean that you have infringed their patents. It could well be merely giving an indication of how they would react if you did.
     

    Copyright

    Senior Member
    American English
    There's no infringement going on at the moment, just as our MAD (Mutually Assured Destruction) nuclear program does not see anyone shooting off a nuclear rocket at the moment -- the idea being that if you shot one, we'll shoot one (or more) to the detriment of both sides.

    Same here. If you both have products that share the same touchscreen technology, for example, but each of you only has patents on half of the screen's technology, the presumption or hope is that neither of you will enforce your patents because then the other company would enforce their patents and neither of you would be able to use the touchscreen your products share. It's a stand-off for mutual benefit.
     

    Thomas Tompion

    Senior Member
    English - England
    There's no infringement going on at the moment...
    I regard this as an error in the opposite direction

    The text says Your patents may deter your competitors from enforcing their patents...

    This doesn't necessarily mean that you have not infringed their patents. It could well be merely giving an indication of how they will react now that you have.
     

    Copyright

    Senior Member
    American English
    I regard this as an error in the opposite direction

    The text says Your patents may deter your competitors from enforcing their patents...

    This doesn't necessarily mean that you have not infringed their patents. It could well be merely giving an indication of how they will react now that you have.
    Or how they will react if you do.
     
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