How to determine whether your laser equipment infringes on patents

Want to avoid the risk of infringing on a laser patent? We provide a three-step self-check guide that covers patent database searches, technical comparison analysis, and legal opinion consultation. This will help you quickly identify potential risks of infringement and lower the chance of legal disputes.This is suitable for reference by those engaged in research and development, production and sales of laser equipment.

Why check for patent infringements?

The laser equipment industry has high technological barriers to entry and is full of patents. If a company isn't careful, it may step into a patent minefield.If a company is found to have infringed on a patent, it will not only face a huge compensation claim, it may also be prevented from producing its product and its reputation in the market may be damaged.The system of self-examination can help to avoid risks in advance, and also provide a direction for technical improvement.

The first step is to find out what patents you already have.

Search patent databases.

Don't rush into research and development or production. First check the authoritative databases.In Taiwan, you can use the patent search system of the National Intellectual Property Office, and abroad you can use the databases of the World Intellectual Property Organization or the European Patent Office.When inputting keywords, it is best not to be too general. For example, "laser cutting" can be refined to "fiber laser cutting" or "CO2 laser welding" and so on.

Pay attention to the effective patents and the scope of the geographical area.

Once you have found a patent, you should focus on two things. First, is the patent still in force? Second, does the patent cover your target market?Some patents may have been applied for, but have since expired due to failure to pay annual fees, or may only be valid in the country of origin. Such situations can reduce the risk of a patent infringement.

Second step: "One-to-one" comparison of technical features.

The technical points to disassembling your own equipment.

The equipment was broken down into modules such as "hardware structure," "control algorithms," and "optical systems," and the key technical parameters of each module were listed.For example, the wavelength and power range of laser diodes, and the special design of the mirrors used to shape the beam.

Compare with the patent application.

The standard of judgment for patent infringement is not "exactly the same," but rather "total coverage.If, after reading the patent's claims, you find that all the technical features of your equipment fall within the scope of protection of a claim, then you need to be careful.If you encounter a technical term you don't understand, it's best to ask an expert for help.

Step Three: Seek professional legal advice.

Hire a patent attorney to perform an FTO analysis.

If you find a problem in the course of your own research, don't panic. Get a professional intellectual property lawyer to do a freedom-to-operate (FTO) report for you.They can assess the likelihood of infringement from a legal perspective, and can also offer advice on how to avoid it.Remember to choose a law firm with experience in the laser field, because they will be more familiar with the "unwritten rules" of the industry.

Maintaining the chain of evidence.

The company keeps good records of the experiments, design drawings, and meeting minutes.If there is a dispute in the future, these materials can prove that you developed the technology independently and did not plagiarize.Electronic documents should be regularly backed up, and paper documents should be stamped with a perforated seal.

What should you do if you suspect you are being infringed upon?

If you find that a patent may be infringed, don't jump to any conclusions.Contact a patent agency to make an infringement assessment. If necessary, consider filing an invalidation suit or improving the technology.More than 90 % of patents have loopholes, and the key is finding the right way to exploit them.