Patented concepts and products often represent tens of thousands of dollars of business investment and countless hours of research. Companies develop entire teams intended to create cutting-edge software solutions or new ways to produce medical lasers.
They may then work with an intellectual property attorney to patent the final product or a unique process used to manufacture products or components. In theory, patents give a business sole control over a concept or process unless they license their patented concept to others. Unfortunately, competitors and startups sometimes try to use patented concepts or replicate patented products through reverse engineering.
Does reverse engineering represent a violation of a company’s intellectual property rights?
Reverse engineering can infringe on protected concepts
The process of reverse engineering is theoretically quite simple. Experts take a product, break it apart and try to figure out exactly how it works. With more advanced technological products, reverse engineering often involves experts performing in-depth reviews of existing technology and comparing it to a product that improves on those older concepts.
Provided that either the product or the process used to manufacture it has the protection of a patent, reverse engineering does not give an outside party the right to use that idea for business purposes. The patent holder can still enforce their patents and initiate litigation over patent infringement even if the company infringing on the patent figured the process out independently.
Businesses generally do not announce their attempts to reverse engineer the products or processes of competitors. Instead, they may try to secretly find ways to undermine a competitor’s advantages secured through patents. Companies often need assistance tracking their competitors for signs of patent infringement and taking action when infringement occurs.
Even those with in-house legal support may find that complex patent issues require outside support. The right guidance and advocacy can make all the difference for organizations that have invested substantially in obtaining a patent. Proving that infringement occurred is often only the first step in a patent enforcement effort related to reverse engineering.
The process of enforcing a patent after a competitor or startup reverse engineers a product or replicates a patented process can be incredibly complex. Companies typically need help validating their suspicions of inappropriate reverse engineering and holding a business accountable for that misconduct. Seeking legal guidance is, therefore, usually wise.