Declaration Of Non-Infringement: Preemptive Or Preventive Measure?

Getting caught in the infringement imbroglio at times is not only taxing but also a painful experience. The patentee armours like ex-party injunction, cease and desist notice, search and seizer by commissioner, sealing and lockout of the business altogether and loss of reputation makes the accused infringer run for the legal advice at the first instance of legal notice from the patentee. The infringement proceedings are protracted battles in the courts which often take longer time than anticipated. In the battle of nerves accused infringer is invariably at the receiving end as loses he is likely to suffer at times are heavier than contemplated. Remedies available to the accused infringer in this legal situation are envisaged in every patent law and it flows from the law of equity. The patentee can possibly intimidate the potential infringer by sending notice even during the processing of his pending patent application by the asserting his right on a possible patent. He