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Enforcement of European patent

Once your patent has been granted it is enforceable in each of the countries designated, assuming relevant translations have been made and renewal fees paid. Anyone using your invention without your consent in those countries will be infringing the patent.

Action can be taken by instructing attorneys in the relevant countries to act on your behalf. A separate action is necessary in each country in which you wish to enforce your patent rights.

You cannot sue for infringement until the European Patent application has been granted. However, once your European Patent is granted, it may be possible to claim damages back to the date on which your application was published.


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