What To Do If You Think Your Patent Has Been Infringed
Patents offer legal validity to the right of an inventor to stop others from making use of his or her invention for their personal gains. They allow the inventor to prosecute a person or company for trying to make such illegal use of the original invention or its process. However, you must keep certain essential aspects in mind when going for a legal solution to deal with the problem of infringement.
First, you need to make sure that the alleged infringement is an instance of a literal infringement of your patented product. In other words, it should infringe all the major aspects of your patented product. In certain cases even if not all these features have been copied by the alleged offender, the patent can still be treated as having been infringed. However, you will have to provide valid proof that the essential features of the infringing product are same as the patented product in all elements and produce the same outcome as the patented product.
Secondly, you cannot be a third party and file a suit against the alleged offender, which implies that you should have some legitimate interest in the patent. You can either be the owner of the patented product or a licensee – exclusive or partial – of the product in order to be eligible for filing a suit for violation. You also need to consider the law of limitation of the state and file a suit within the time stipulated for such cases, as otherwise the claim would be treated as invalid.
You can take legal action against the manufacturer as well as the user of the product that you see as infringing your product, but you can do so only within the time stipulated for validity of a patent according to the law. No unauthorized usage of the product can be termed as a deliberate infringement after the lapse of the patent.
Finally, you should also remember that patents can be used for research purposes without it being labelled as an act of infringement even though the law of patent is based on the principle of strict liability.
Discover more about Trademarks and learn how does an Patents protection increase the net worth of your business very fast. You are welcome to reprint this article – but get your own unique content version here.
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