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.