What is patent infringement?
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Contact our teamIn today’s fast-paced commercial and technology-driven world, intellectual property is a critical asset. Protecting innovations through patents can offer a significant competitive advantage, but with that protection comes the responsibility of monitoring and defending your rights. Patent infringement is a key concern for businesses, particularly those in research, development and product manufacturing. Whether you hold a patent or are worried about potentially infringing on one, understanding the legal framework is essential to safeguarding your interests.
At Moore Barlow, we provide expert legal advice on all aspects of patent law, offering commercially-focused, pragmatic support to businesses of all sizes. Our aim is to protect your innovations while supporting your business objectives. Our experienced team can guide you through the complexities of patent infringement, helping you enforce your rights or respond to claims with confidence.
What is patent infringement?
Patent infringement occurs when a person or business uses, makes, sells, or imports a patented invention without the patent holder’s permission. This applies to products, processes or technologies that are protected by a valid UK or international patent. Infringement may be deliberate or unintentional, but both can carry serious legal and financial consequences under UK patent law.
There are two main types of patent infringement:
- Direct infringement: This happens when someone performs an act that is reserved exclusively for the patent holder, such as manufacturing or selling a patented product without a licence.
- Indirect infringement: This involves supplying or offering to supply a product or component which is an essential element of a patented invention, with the knowledge that it will be used to infringe the patent.
Whether you are proactively looking to enforce your patent rights or find yourself accused of infringement, you should seek expert legal advice as early as possible to understand your position and limit your legal risks.
How we can help
Our commercial and technology lawyers have in-depth experience in intellectual property matters, particularly in dealing with patent disputes across a wide range of industries. We work with clients at every stage of the patent lifecycle, from registration and licensing to enforcement and litigation, ensuring your business is fully supported.
If you believe your patent has been infringed, we can guide you through the appropriate steps to defend your rights, including cease and desist letters, settlement negotiation, or legal action if required. Similarly, if your business has been accused of patent infringement, we provide robust representation and strategic advice to help protect your interests and resolve the issue efficiently.
Our services include:
- Patent audits and infringement analysis
- Legal advice on validity and enforceability of patents
- Litigation support and dispute resolution including mediation, arbitration and court proceedings
- Strategic advice on patent licensing and assignments
- Help with defending or making claims of patent infringement
We are here to help
Discover how our expert commercial and technology lawyers can help you.
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Why choose us
Moore Barlow is recognised for delivering high-quality legal advice with a client-focused approach. Our commercial and technology team combines deep sector knowledge with practical legal expertise, enabling us to deliver tailored solutions that meet the specific commercial needs of our clients. We are committed to building long-term partnerships with businesses by delivering clear, cost-effective and strategic legal guidance.
We are ranked by leading legal directories such as Chambers and The Legal 500 for our commercial and IP legal services, and our lawyers are trusted advisers to SMEs, start-ups, investors, and major corporates. With local offices across London, Southampton, Guildford, Richmond, Woking and Lymington, we offer the reach of a national firm with the personal service of a regional practice.
Our team works collaboratively across practice areas, providing holistic support that considers not only the legal implications of IP issues but also the broader commercial, regulatory and operational context in which your business operates.
Contact us
If you are facing a patent infringement issue or want to better understand how to protect your innovations, speak with one of our intellectual property specialists today. Our expert team will provide clear, practical advice tailored to your business needs.
To arrange a consultation, please contact us via our website or call us directly. Our lawyers are ready to support you with straightforward, strategic legal advice you can trust.
We are here to help
Discover how our expert commercial and technology lawyers can help you.
Contact our commercial and technology team
FAQs about patent infringement
What should I do if someone is infringing my patent?
You should gather evidence of the infringement and seek legal advice immediately. Our team can carry out an initial assessment, advise on your rights and potential remedies, and assist in sending cease and desist letters or pursuing legal action where appropriate.
Can I be sued for patent infringement if I didn’t know about the patent?
Yes, ignorance of a patent does not prevent an infringement claim. However, if the infringement was unintentional, it may affect the outcome of the case or the level of damages awarded. It is always advisable to carry out due diligence before launching new products or processes.
How can I reduce the risk of patent infringement?
Conducting freedom to operate (FTO) searches before developing a new product or entering a market can help you avoid infringing existing patents. Our team can assist you with FTO analysis and risk management strategies.
What remedies are available for patent infringement?
Legal remedies include injunctions to stop the infringing activity, damages or an account of profits, and in some cases, the destruction or delivery-up of infringing goods. Our solicitors can advise on the most appropriate course of action for your circumstances.
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Explore our commercial and technology legal services, designed to help businesses prosper. Our team of experienced lawyers provide tailored advice and support to clients across a range of sectors, from start-ups to multinational corporations.

