The protection of intellectual property (IP) rights is directly proportional to the education level and social progress of a nation. Advanced and economically active countries implement stringent laws to safeguard intellectual property. These nations allocate significant resources to research and development (R&D) in fields of invention and technology, setting industry standards. The number of annual patent applications provides a glimpse into this dedication. Ultimately, inventions and patents manifest in tangible products that fulfill various aspects of daily life—work, leisure, and recreation.

When new inventions or patents, painstakingly created and approved, are counterfeited, ignoring such criminal activities jeopardizes a country’s potential to become a robust economy recognized by the international community. Thus, protecting intellectual property is a critical enforcement duty for governments. Even major hubs of counterfeit production and distribution aggressively promote anti-counterfeiting initiatives and showcase their achievements to the world.

When a product patent is infringed upon, it should be regarded as an existential battle for the affected enterprise.

Proactive Steps Against Infringement

In cases of patent or invention infringement, reporting the issue to law enforcement is crucial. However, it is equally important for businesses to take proactive measures. Relying solely on government agencies may result in significant delays, often to the detriment of the company’s financial stability. Counterfeiting not only undermines profits but can also push businesses toward bankruptcy if no timely action is taken.

Private investigators and detective agencies, such as Lex Solution Investigations, are invaluable allies in protecting inventions and patents.

Trademark Patents

Under the Trademark Law (Section 63, Clause 1, Item 2), a registered trademark that has not been used for three consecutive years without justifiable reason may be revoked upon a third party’s request. Detective agencies often assist trademark law firms or patent attorneys in collecting evidence to support cases involving trademarks unused for over three years.

Invention, Utility, and Design Patents

Products infringing on invention, utility, or design patents are rarely displayed in physical stores or sold openly. Instead, they predominantly circulate on online platforms. Investigators assist in tracing counterfeit goods from retail outlets to wholesalers and distribution warehouses, ultimately identifying the counterfeit manufacturers.

The investigation typically begins with “covert purchases.” Sellers of counterfeit products follow strict standard operating procedures (SOPs) to avoid detection. To gather evidence, investigators perform multiple purchases. Some transactions are standard purchases to build a case, while others aim to collect detailed information such as product flaws, refund processes, and retail bank account details. Comprehensive data collection and analysis increase the likelihood of identifying the primary infringer.

Process Patents

Gathering evidence of process patent infringement is highly challenging and requires bold investigative strategies. Many of these infringements occur within company facilities, necessitating undercover operations to collect evidence effectively and lawfully.

The most difficult aspect of a process patent investigation is recruiting undercover agents. These agents must be loyal, courageous, and possess the necessary skills to qualify for the target company’s job openings. To ensure success, multiple undercover agents should infiltrate various departments within the infringing company. Operating as a team increases the risk of failure, as internal competition and blame-shifting are common pitfalls. Lone operatives executing high-risk missions have a higher success rate.

By employing sophisticated strategies and leveraging investigative expertise, businesses can combat patent infringement effectively, safeguarding their intellectual property and ensuring long-term success.