Patent Asset and Insurance Q & A – Part 3 of 4
Colorado Patent Lawyer Mark Trenner answers questions about “Patent Protection as Investment and Insurance.”
Patent Attorney: And that’s what a lot of small businesses say. Then suddenly the business receives a cease and desist letter from an attorney representing one of their competitors. The letter from the attorney alleges that the company’s most recent handbag design infringes a design patent that has just issued to their competitor.
Interviewer: What does the business being accused of patent infringement do in a case like this?
Patent Attorney: The first thing that business should do is seek the advice of a patent attorney, preferably an attorney having litigation experience. After evaluating the alleged infringing handbag in view of the issued design patent to determine whether the other party has a valid claim, the patent attorney is going to ask the business owner whether they have any of their own patents.
Interviewer: Why does it matter if the business has their own patent if they are being accused of patent infringement?
Patent Attorney: Well if they do, there is a possibility that the other company is infringing as well.
For Part 4, please follow this link: Patent Asset and Insurance Q & A – Part 4 of 4