How to Recognise Patent Infringement? Claim Analysis and Legal Remedies

At the heart of any infringement assessment are the claims. The claims define the technical features that limit the protection granted to the patent owner. If a product or method contains all the features recited in a claim, infringement may arise; if one feature is missing, the assessment may differ.

Claim analysis is generally carried out through these steps:

• Reading the independent and dependent claims together.
• Identifying each technical feature in each claim.
• Comparing the suspected product or method with these features.
• Assessing whether equivalent solutions exist for the features.

Equivalence is a frequently debated point in infringement assessment. If a product uses a solution that does not match a claimed feature exactly but performs the same function in a similar way, this may be assessed for infringement. Equivalence, however, requires an evaluation that can lead to different results in each case.

It should also be remembered that the validity of a patent can be challenged. A third party who finds the novelty or inventive step of a patent weak can seek its invalidation. Infringement analysis should therefore also cover how robust the patent is.

Legal remedies depend on the nature of the situation. In general, the routes available include:

• Formal notice: a common first step to open communication between the parties and to seek the end of the infringement.
• Evidence gathering and expert examination: the suspected product may be technically examined and evidence preserved.
• Civil action in court: an action may be brought before the competent court to stop the infringement and to claim compensation.
• Settlement and licensing talks: in some cases the infringement issue can be resolved through a licence agreement.

Collecting evidence before going to court is important. Obtaining the product, preserving technical documents and documenting when the infringement began can affect the subsequent process. The legal process and its outcome depend on the specific facts.

When a suspected product is found, organise technical and legal records together. Record its model, acquisition source, examined version and observed features. Appearance alone can mislead when the internal mechanism differs. For a claim comparison, identify the evidence supporting each technical element. Note uncertainty where a component’s function is unclear; do not present an assumption as evidence. Check the register and the right’s current status in the relevant country as well. A patent document found abroad does not by itself establish an equivalent active right in Türkiye. External correspondence should be prepared in light of this assessment.

It is also possible to carry out a risk assessment for your own product. For such an analysis, see our service page: /en/hizmetler/patent-ihlal-analizi This article is for general information only; for an assessment specific to your file, please consult our patent attorney.