2. Make sure you can sue for infringement

In addition to the preparation of legal proceedings at claimant level (see Counterfeiting: preparing your case and anticipating the risks of legal action [FIC 1637] ), there are a number of prerequisites to be met before legal proceedings can begin, otherwise the proceedings may be declared irregular or the claims rejected.

As with any action, the introduction of an action presupposes having an interest in the success of the action. This is known as the "interest to act". However, this interest is not sufficient to bring an action. The patent...