An intellectual property lawyer helps when you’ve developed or acquired rights to a unique invention and you need your financial and legal interests on it secured. Still, a patent attorney in Houston can help you challenge any accusations of IP infringement you may be facing. Read on to understand how you can use the law to prevent theft or denial of your hard-earned artistic, scientific, or other intellectual inventions.
What Patent Rights Infringement Means
All use of intellectual property without permission constitutes an infringement. To discourage any probable violation, the person creating or owning rights to any intellectual property should firstly alert the world to the existence of any such rights. Giving notice helps forestall violation by making the owner’s IP rights visible to parties that may unintentionally violate them. It also introduces several extra legal benefits, and it gives the owner an advantage when prosecuting any violation in court, should it become necessary.
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After inventing something (for example a product), you can notify the world about your rights to it by marking it using a patent number allocated to it by the Patent and Trademark Office. And if a patent is yet to be awarded, you can discourage others from copying its design by using the label “patent pending” on it. You may use designated symbols to provide notice of trademarks as well as copyrights, for example (TM)and (C). The symbol is placed on the material in question before registering the mark or copyright so that it’s appended to the government database.
Steps to Take if a Patent Violation Occurs
You may turn to a federal court after an infringement for help reaffirming your rights to intellectual property. But before you file a lawsuit, be sure to consult your intellectual property lawyer and see if that move is in your best interests. A clear-headed and painstaking assessment of your claims before using in court is necessary because patent infringement claims can be costly to litigate. Also, once a patent ownership claim is put through the examination of court deliberations, there’s usually the possibility that it may be revoked or shown not be as far-reaching as the owner imagined.
Potential Legal Outcomes
When an intellectual property owner files a lawsuit and their prayers are upheld, several outcomes are possible. The infringing party may be ordered to halt their activity through a court injunction. The claimant may also be awarded financial benefits. Additionally, once the owner’s IP rights are upheld by the court, the infringing party may accept a license agreement. Under the said consensus, the infringer continues to exploit the patented product, but money goes to the reaffirmed owner.