Patent Infringement

Expert Patent Infringement Advice for SMEs

If you believe someone is using your patented invention without permission — or you’ve received a threat of legal action alleging infringement — you need decisive, strategic legal advice. Patent infringement disputes can be complex, technical, and high-stakes. At The Jonathan Lea Network, we work with UK startups, scale-ups, and established businesses to protect their intellectual property rights and resolve patent disputes effectively and proportionately.

Whether you’re enforcing a patent or defending against a claim, our experienced team will help you understand your legal position and navigate the best route forward — whether that’s licensing, settlement, or litigation.

What Is Patent Infringement?

Patent infringement occurs when someone makes, uses, sells, or imports a product or process that falls within the scope of a valid patent, without the permission of the patent owner.

To succeed in an infringement claim, a patent holder must demonstrate two key elements:

• The patent is valid and enforceable, meaning it meets the legal requirements for novelty, inventive step, and industrial applicability.
  
• The defendant’s product or process falls within the scope of one or more claims of the patent.
  

Even if the infringement is unintentional, UK patent law offers robust remedies to the patent owner.

Common Scenarios We Handle

We regularly act for both claimants and defendants in the following types of patent-related matters:

• Competitors copying your patented invention: Whether deliberate or inadvertent, unauthorised use of a patented product or process by a rival company can seriously impact your commercial advantage. We help assert your rights clearly and efficiently.
  
• Infringement threats from larger companies: SMEs often find themselves accused of patent infringement when launching new products. We help assess the merits of the allegation, challenge invalid patents where appropriate, and negotiate cost-effective outcomes.
  
• Supply chain risks: Businesses may unknowingly import or distribute infringing products. We advise on due diligence, indemnity clauses, and mitigating the legal and reputational risks.
  
• Employee or consultant disputes: Issues can arise around ownership and use of inventions created by employees or third-party contractors. We help establish the true IP ownership position and assert or defend claims accordingly.
  
• Licensing disagreements: Where use of a patent was initially authorised but disputes arise over scope, royalties, or exclusivity, we assist in renegotiation or enforcement.
  

The Patent Infringement Process

Understanding the typical stages of a patent infringement dispute will help you make informed decisions:

1. Initial Assessment and Evidence Review

We start by reviewing the patent in question, examining the patent claims in detail, and assessing whether the alleged product or process falls within their scope. This may require technical advice from a patent attorney or industry expert.

2. Freedom to Operate and Validity Checks

If you are accused of infringement, we examine whether the patent is valid. Many patents, especially older or broad ones, may be vulnerable to challenge. We also assess whether your product has a legitimate “freedom to operate.”

3. Sending or Responding to a Letter Before Action

Most disputes begin with a formal Letter Before Action (LBA). This sets out the legal basis of the claim, evidence of infringement, and the remedies sought. Whether we are sending or responding to such a letter, we craft a strategy that protects your commercial interests while keeping costs proportionate.

4. Negotiation and Alternative Dispute Resolution (ADR)

We aim to resolve matters commercially, without court proceedings if possible. Options include:

• Licensing the patent to the alleged infringer
  
• Entering into a co-existence agreement
  
• Making a financial settlement
  
• Engaging in mediation or arbitration
  

5. Litigation in the Intellectual Property Enterprise Court (IPEC)

If court proceedings are necessary, we can act in the Intellectual Property Enterprise Court (IPEC) or High Court, depending on the value and complexity of the case. IPEC is designed for SMEs, offering capped costs and faster procedures. Remedies can include:

• An injunction to stop infringement
  
• An order to deliver up or destroy infringing items
  
• Damages or an account of profits
  
• A declaration of validity and infringement
  

How We Support You

Our team brings a practical, cost-conscious approach to patent disputes. We work closely with leading patent attorneys, industry experts, and barristers to provide a seamless, joined-up service.

You can expect:

• Clear, practical advice: We explain complex patent law in plain English and focus on what matters commercially to you.
  
• Proactive strategy: We identify opportunities to resolve disputes early and avoid unnecessary costs.
  
• Thorough technical assessment: With access to trusted patent attorneys, we analyse the strength of your position and advise on the likelihood of success.
  
• Flexible fee options: We offer fixed fees for early-stage advice and clear guidance on expected costs if matters escalate.
  

Why Choose The Jonathan Lea Network?

SMEs need IP lawyers who understand the pressure of running a business — and who don’t escalate disputes unnecessarily. What makes us different:

• Deep experience with startup and growth-stage clients: We act for inventors, R&D teams, tech startups, manufacturers, and product-led businesses across sectors.
  
• Commercial focus: We never lose sight of your business objectives and reputation.
  
• Team-based approach: Our lawyers collaborate with specialist patent attorneys and counsel to provide joined-up support.
  
• Flexible working: We are agile, responsive, and modern in how we deliver legal services.
  

What Are the Remedies for Patent Infringement?

If someone infringes your patent, you may be entitled to:

• An injunction to stop the infringing activity
  
• Damages to compensate for lost sales or royalties
  
• An account of profits, which requires the infringer to hand over their profits
  
• Delivery up or destruction of infringing goods
  
• A declaration that the patent has been infringed
  

Remedies are discretionary and depend on how the case is presented. Timing, evidence, and proportionality all matter.