IP Intelligence › Ask a Question › Someone copied my technology. What are my options?
Guided answer
Someone copied my technology. What are my options?
Working out what you actually have, before writing to anyone.
Before writing to anyone, do four things.
The first letter is the most important document in the dispute.
- Commission the invalidity search your opponent will commission. Better to read it than to be shown it.
- Read your own prosecution history and list every concession they will quote.
- Decide the outcome you want: injunction, damages, a licence, or a design change.
- Write to the competitor only. Copying their customers or distributors can amount to groundless threats, which are actionable under section 106.
Read next
This is educational guidance, not personalised legal advice. It cannot see your documents, your dates or the prior art, and those are usually what decide the answer. Use it to understand the question, then take advice on your own facts.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.