When your patent is infringed, you generally have the right to pursue legal action seeking damages or an order stopping the infringing activity. What happens next depends on the type of infringement and the evidence available. Here is everything you need to know about the process.
If you have taken out a patent or trademark and someone uses your property without your permission, you might need to take them to court. Because your invention is protected for 20 years past the application filing date, anyone who is infringing on your idea can be taken to court.
When this happens, you’ll need the best patent attorney for your intellectual property litigation. Here’s what will happen if you choose to take the party to court.
What can I gain from the other party?
No other party is entitled to claim your patent or invention as their own. Additionally, they cannot use your invention without your permission. In the event this occurs, you are most often entitled to financial compensation from the party who infringed on your invention. This can include royalties the other party earned by use of your invention and costs pertaining to intellectual property litigation expenses.
Intellectual property litigation occurs when you decide to take the other party to court. Suing for damages can result in monetary compensation for unauthorized use and a request that the defendant no longer uses your invention. You might want to talk to your patent attorney about sending a cease and desist letter if you would rather not take them to court. However, you will likely not receive damages.
The role of a patent attorney
It’s the job of your patent attorney to represent the plaintiff or defendant in court. Your patent lawyer will then determine how your patent was infringed upon. There are four major ways: direct infringement, indirect infringement, contributory infringement, and literal infringement.
On top of these, your lawyer can also determine if the infringement fell under the doctrine of equivalents, which occurs when a party invents a device or method that virtually works in the same way as your invention. It will be up to the patent attorney and judge to determine whether or not this act of infringement was willful.
Who should I call?
In the event your invention was infringed upon, you have the legal right to take them to court. Visiting an intellectual property lawyer should be your first step to starting the intellectual property litigation process. There, your patent and trademark lawyer will create a case to present before the judge.
When you want the best patent lawyers, visit the Leavitt & Eldredge Law Firm today. You worked hard to protect your invention; you deserve compensation if it’s used without your permission.
Learn more about “What Does A Patent Attorney Do?“, “Learn The Process and Steps of a Patent” and read some of our “Litigation Cases“.
Ready to talk through your options? Schedule a free consultation and get straightforward guidance on your next step.