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What to do if an alcohol brewing patent is infringed?

On Behalf of | Jun 8, 2024 | alcohol beverage law

Maintaining competition with other alcoholic beverage businesses often requires the use of patents. A patent allows an alcohol beverage business to secure its unique brewing innovations, including the brewing process, compositions of matter and apparatuses. A patent can protect a business’s innovative process from competitors for up to 10 years.

Using a patent in the context of an alcohol manufacturing business, for example, a company can patent the fermentation and distilling process of their alcohol which has yielded a distinct kind of alcohol flavor. Or, a business may have developed a bottle that extends an alcohol’s shelf life after being opened. A patent can be used to protect this idea or concept process and prevent others from copying it.

If the innovative processes protected by a patent are copied by another alcoholic beverage business, it could be intellectual property (IP) infringement. IP infringement can severely harm a business’s operations and identity. Here is what businesses can do if they believe their patent has been infringed: 

Taking action against patent infringement

While a patent holder can permit the use of their idea or concept to other parties, the use or sale of a patented item without permission could be an infringement. The patent holder can take legal action against the infringing party to remedy the issue. 

A common attempt to stop the use of a patent is a “cease and desist notice.” This letter essentially notifies the infringing party to stop all use or sales of a patented item and, if ignored, the patent holder may take legal action. If the patent holder does take legal action, they may demand compensation for the unauthorized use of a patented item. Patent holders can reach out for legal help to discuss their options when protecting an alcohol brewing patent. 


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The foregoing was prepared as general information. It is not meant to provide legal advice granting any specific matter and should not be acted upon without professional counsel. If you have questions or require additional information regarding these or other related matters, please contact Malkin Law, P.A. This material may be considered attorney advertising under certain rules of professional conduct.