Expert reports on intellectual property matters are prepared by our team of patent experts and lawyers with the objective of assessing the legal validity of a patent, trademark or design, or to determine the possible infringement of an own exclusive right or a third party’s.
With regard to patents, the scope of protection is determined and limited by the content of its claims. In the case of industrial designs, they protect shape creations against third parties’ that may produce the same overall impression. In the case of trademarks, their purpose is to be distinguishable from other signs having a commercial presence within the same market.
Therefore, it can be said that a patent is infringed in a specific territory when a third party offers, commercializes or uses in the commercial traffic a product or procedure that includes the characteristics or the steps detailed in the claims of said patent.
Likewise, infringement of an industrial design will occur when a third party offers, commercializes or uses an identical design or a design which produces the same overall impression in an informed user.
Finally, in the case of a trademark, there will be infringement if a third party incurs in any of the aforementioned conducts in relation to another trademark with which it could be confused within the same or related sector.
These reports are particularly useful in those cases where a legal request or a dispute arises due to the alleged infringement of an exclusive right, as they serve as a valuable piece of evidence. In each case, PONTI & PARTNERS‘ multidisciplinary team of patent attorneys and lawyers adapts to our clients’ specific needs, either to analyse the possible infringement of a product or to determine the legal validity of a registration or copyright.