Patents are important national legal documents that protect inventions. They give a monopoly to the patent owner,
allowing him to exclusively practise his invention commercially (make, sell, use and so on).
The “price” or “bargain with the state” for such exclusivity (which is unusual with respect to competition law)
is that the invention is published some time later after filing so as to stimulate research and development and innovation.
Thus, entrepreneurs find themselves in a powerful position with a patent, it can be used offensively
(if the entrepreneur wishes exclusivity – i.e. keep others out of his market) or it can be used defensively
if one is attacked by other patent holders. Alternatively, the rights can be licensed to those with the means
to manufacture or sell or distribute, making it a valuable asset for smaller businesses or individual inventors.
If one has to go to court to protect the patent and the rights it provides, such conflicts are usually based on
highly complex technical as well as legal issues. Hence, entrepreneurs are well advised to draw on the services
of a European Patent Attorney who can advise on all aspects of the process from inventive idea to protection in court.
