The pre-suit investigation can usually be done quickly and easily if the offending product can be obtained in the marketplace. Where the product is not available, however, or when the patent is drawn not to a product but to a chemical process or to a method of manufacturing, and the information available to you is thus incomplete or needs verification, you should try to obtain as much reliable information as possible.
The information needed to determine if your competitor has infringed on your patent often include:
- Any available details about the structure of the competitor's product;
- Dates and places where it has been marketed,
- Location of the competitor's offices, and;
- A history of any communications, direct or indirect, between your company and the competitor that might be relevant to the dispute.
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