When you obtain a patent, you’re asserting that you get credit and royalties from your invention. This also asserts that no individual or business is able to use your idea or invention without your permission. This isn’t anything new; the first recorded use of patent law was more than 228 years ago. People have been wanting to protect their inventions for a long time.
Unfortunately, intellectual property issues spring up all the time. But how do you know if someone is infringing on your patent?
Defining patent infringement
As stated above, a patent exists to ensure you get legal and monetary compensation for the use of your patent. As such, no business, corporation, or person can use your patented invention without your permission.
This is typically seen by parties who try to profit from your invention. This might be at the manufacturing level, but the infringing party might also import, sell, or use your invention for their benefit.
Of course, an infringement claim is only valid if the offending party is held liable. If even one aspect of the infringing party’s process deviates from the claims in your patent, they technically aren’t infringing on your invention. Additionally, a party who has a license under the patent isn’t infringing on your patent. Before you take the infringing party to court, ensure with a patent lawyer that they’re in direct violation of the claims on your patent.
If a third party is infringing on your patent, you have the right to seek legal representation. Patent law usually requires the patent holder to send a cease and desist letter to the business or person who infringed on your patent. If the infringing behaviors continue outside of the parameters you set, you are allowed to seek intellectual property litigation. Once you have the proper patent lawyer, you can take the party to court to seek monetary compensation or reach a settlement.
If you think your patent protection is being infringed upon by a third party, do not hesitate to seek a patent lawyer. Under search results type “patent lawyers near me” to see the best firm for patent protection or you can begin with us today. The Leavitt & Eldredge Law Firm works to help entrepreneurs, startups, and inventors obtain a patent and keep their invention safe.