Someone else is using my patent, what can I do?

If someone else is using your invention and you have not applied for a patent to protect the invention, it may be difficult to stop them. This is why it is important to keep your invention secret until a patent application has been filed.

However, even if you do not have a pending patent application or a registered patent, they may be infringing other IP rights belonging to you, such as copyright or a trade mark right. Talk to a patent attorney to see if there’s anything you can do.

If someone is using your invention and you have a registered patent, then you can bring proceedings in court to have the infringement stopped and damages may be awarded as compensation. If you don't want to engage in litigation in court, you can contact a lawyer or patent attorney and start a dispute settlement process.