By Carrie Ellis, Assistant EditorAs design engineers, you already know you can’t be too careful with your IP. Just glance at all of the new software products being introduced recently — many of them are highlighted by the fact they are now providing more security, and there is a reason for that. But what do you do if your IP has been infringed upon? And how can you be sure?
AP business writer Elaine Kurtenbach wrote in
“Survey: China Losing Competitive Advantage,” “China may be losing its competitive advantage, mainly because of rising costs, according to a survey of companies compiled by the American Chamber of Commerce in Shanghai. Rampant product piracy was another persistent problem highlighted in [the survey] report released Friday that was based on a survey of the group’s 1,600 corporate members.”
Kurtenbach’s article also reveals, “Problems with piracy of technology and products remained more or less unchanged from earlier surveys. Such problems are a perennial headache for both domestic and foreign companies operating in China: U.S. businesses say they lose billions of dollars each year due to the lack of effective enforcement of copyright, patents and trademarks.”
As this problem has been consistent for some time now, you must know how to defend your product designs. A brochure from Wolf Greenfield says there are two steps to determine whether a patent is infringed:
- Discovering details of the accused activity.
- Assessing whether that activity infringes.
Greenfield goes on to say that the first step can be easy: “For example, to learn about a mechanical device being sold to the public, you may simply purchase and examine it. In addition to reverse engineering, useful information can also be found in advertising materials or websites and in patents owned by the suspected company.”
However, the second step isn’t always as easy as the first. “In general terms, a patent’s scope is defined by its ‘claims,’ listed at the end of the patent. If any one claim is infringed, the patent as a whole is infringed.” Greenfield continues, “To literally infringe a claim, each and every limitation of the claim must be met. The analysis proceeds word-by-word, clause-by-clause to see if each is met in an accused device or process.”
Although Greenfield tells you how to protect your patents, he doesn’t mention a plan for discovering whether any of your patents have been infringed. I’m not sure if anyone can give any good advice on that subject matter, other than to suggest good observation of the competition or prospective competition.
Walk around at trade shows, look at company websites, and keep an eye on trade publications. Basically, just be very aware of what is going on in the market. It’s a simple step you can take to better control your IP.
What’s your take? Send comments to
carrie.ellis@advantagemedia.com.
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