Legal Q&A
Q
Views67,037
Our company held a patent, and we belatedly learned that a competitor was infringing our patent and producing products. I want to respond firmly through patent litigation, but I did not know exactly what types and procedures there are. What should I do to pursue patent litigation?
Patent litigation
Patent attorney
Answer
Published:
Author : Kuk Il KIM
In the case you asked about, the owner of the patent can demand that the infringer stop and prevent the infringement, and where there is damage from the infringement, can also claim damages for it and seek restoration of reputation.
If the other party stole the invention and filed a patent application, it should be rejected at the examination stage of the patent application, but even if the patent has been registered, you can file a trial for patent invalidation.
Because a patent right is thus protected under the Patent Act, if your patent has been infringed, it is advisable to respond by identifying the scope of the damage and the degree of the infringement.
In the case of the patent litigation you asked about, proceeding by way of claiming damages is the most common approach.
As for damages for such patent infringement, a patentee or an exclusive licensee can claim them against a person who has infringed his patent right or exclusive license through intent or negligence.
When calculating damages, the amount obtained by multiplying the profit per unit quantity of the goods that could have been sold using the patent may be taken as the amount of damage suffered by the patentee or the exclusive licensee.
If patent litigation is thus necessary, it is advisable to seek help from an attorney with expertise in the relevant field.

Daeryun's own AI·IT-driven litigation strategy
240+ key members
1,200+ cases handled per month
* 2025년 월평균 기준
In compliance with Article 4(1) of the Korean Bar Association Advertising Rules
Every consultation is reviewed by a specialist attorney first,
so consultations are conducted by appointment.
Phone
1800-7905
Available 24/7, 365 days a year


Online Consultation
Legal services
for our clients.

Chat
Get a quick consultation via chat.
Related Members
More
Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
Key Case Results
MoreRelated Practice Areas
MoreAll fields At a glance
1/0