Patents may provide legal protection for businesses for up to 20 years, depending on the type of patent. Certain types of patents may last for a shorter duration. When a patent eventually expires, the product or process protected by the patent becomes public domain. Competitors and other parties may rush to take advantage of an opportunity.
Some businesses don’t wait before trying to duplicate successful products. Companies that create new products or develop new production techniques often need assistance protecting their intellectual property. It is common practice for successful businesses to outsource patent-related matters to legal specialists. Outside counsel can handle the process of prosecuting and maintaining the patent.
Patent maintenance is important for the preservation of intellectual property rights. Without appropriate maintenance actions, the patent could terminate earlier than the patent holder realizes. In some cases, competitors and startups may infringe on products protected by patents through reverse engineering or corporate espionage. They may produce knockoffs or “dupes” as a means of capitalizing on another product’s success.
Dukes may infringe on patent protections
Some organizations trying to gain access to a competitor’s market share may duplicate certain packaging elements or marketing techniques. Dupes are quite common in the highly-competitive world of prestige cosmetics and upscale skincare, for example.
Competitors and fly-by-night companies may try to confuse consumers or attract them using the same methods as a successful company that holds a patent. Those actions can potentially constitute intellectual property violations, especially in scenarios where they infringe on trademark or copyright protections.
In some cases, dupes and knockoff products could constitute patent infringement. If an outside party reviews patent documentation or purchases the product to reverse engineer it, they could try to blatantly replicate a patented product. The dupe product could diminish the market share of the legitimate product from the patent holder. As such, continued monitoring of competitors and the retail market is of the utmost importance for the protection of businesses that hold patents.
The same legal professionals who assist with patent prosecution can also assist with patent maintenance and enforcement actions. Bringing in the right outside support may make it simpler for successful companies to prosecute patents and enforce them when competitors try to create dupes or knock-off products.