Protecting Your Invention
As an inventor, safeguarding your intellectual property is crucial to prevent others from exploiting your hard work and innovation. Patent infringement occurs when someone makes, uses, sells, or imports your patented invention without your permission. This can lead to costly legal battles and potential loss of revenue.
Understanding Patent Infringement
A patent grants you exclusive rights to your invention for a limited period. Infringement occurs when someone, without your permission, makes, uses, sells, or offers to sell your invention. But even seemingly minor variations can raise questions. This is where the doctrine of equivalence comes into play. Patent infringement can take various forms, including:
- Direct infringement: When someone directly infringes on your patented invention by making, using, selling, or importing it without your consent.
- Induced infringement: When someone actively encourages or instructs others to infringe on your patent.
- Contributory infringement: When someone supplies a component or material used in the patented invention, knowing it will be used for infringement.
Detecting and Preventing Infringement
To protect your invention, it’s essential to monitor the market for potential infringers. If you encounter potential infringement, our attorneys can assess the situation and recommend the best course of action. This may involve:
- Conducting regular patent searches and market surveillance.
- Sending cease-and-desist letters to potential infringers, demanding they stop their infringing activities.
- Implementing product marking and labeling to provide notice of your patent rights.
- Negotiating a license agreement
Contact us today for a confidential consultation and let us help you navigate the patent landscape with confidence. If you believe that your patent is being infringed or need help with patent litigation, you should contact one of our patent attorneys to preserve your legal rights. Conversely, if another person or group is claiming that you are infringing upon their patent, you should contact one of our patent attorneys to assist you. Our litigation team brings extensive courtroom experience to your case, maximizing your chances of a successful outcome. We understand the intricacies of patent law and are dedicated to securing your rightful patent protection.
Pursuing Legal Action
If infringement persists despite your efforts, you may need to consider legal action. This can involve:
- Filing a patent infringement lawsuit in federal court, seeking damages and an injunction to stop the infringing activities.
- Engaging in settlement negotiations or alternative dispute resolution methods, such as mediation or arbitration.
Defending Against Infringement Claims
Conversely, if you’re accused of patent infringement, you can defend yourself by:
- Challenging the validity of the patent, arguing it lacks novelty or is obvious.
- Demonstrating that your product or process does not infringe on the patent claims.
- Asserting that the patent is unenforceable due to inequitable conduct or other legal defenses.
The Doctrine of Equivalents:
This legal principle prevents someone from circumventing your patent by making insubstantial changes to your invention. If the accused product or process achieves “substantially the same result in substantially the same way to obtain the same result” as your patented invention, it may still be considered infringing. Courts employ a three-pronged test to determine equivalence:
- Every element or its equivalent must be present.
- The accused product or process must perform the same function.
- The way the accused product or process achieves that function must be the same or equivalent.
Our Comprehensive Services:
- Patent prosecution and portfolio management.
- Infringement analysis and investigation.
- Cease-and-desist strategy and preparation.
- Licensing and royalty agreements.
- Full-scale patent litigation, including pre-trial, trial, and appeals.
Conclusion
Patent infringement and litigation can be complex and costly. It’s crucial to work closely with experienced patent attorneys to protect your invention, enforce your rights, and defend against infringement claims. Proactive measures, such as monitoring the market and sending cease-and-desist letters, can help prevent infringement before it escalates to litigation. Intellectual Property Center is your trusted partner in protecting your inventions and achieving your business goals. Contact us to see how we can help protect your invention and defend your rights under the United States Patent laws to protect your intellectual innovations.