Patent owners have the right to exclude others from manufacturing, using, selling or importing their inventions. If you have reasons to believe that another company is infringing on your patent, you will need to enforce your rights with the help of a qualified patent infringement attorney.
How do you know if your patent has been infringed?
This will depend on the extent to which your invention receives protection. Therefore, it is imperative that you examine your patent’s scope of protection. To arrive at a conclusion that your patent has been infringed, the invention in question must infringe on every claim existing in your patent. However, the new invention need not be identical to your invention to infringe on your patent. Substantial similarity is sufficient to prove infringement.
Patent infringement defenses
For the defendants of patent infringement claims, some of the available defenses include: proving the non-enforceability of the patent in question, either by challenging its validity, showing that the patent owner acquired it unfairly by misleading the trademark office or showing that the suit is time barred. The next option is to show that the infringement is permitted by law either through an implied license authorizing the defendant to use or sell the patent or the defendant can show that the infringement was for the sole purpose of pure research and experimental use. It is therefore important for patent owners to examine the circumstances of an infringement before lodging a lawsuit to avoid unnecessary incurring unnecessary costs.
Available remedies for patent infringement
If you succeed in your claim for infringement, you will be entitled to such remedies as damages or an injunction preventing further infringement of your invention.
Determination of infringement can be a very complicated and technical process. If you suspect that your patent has been infringed, it is advisable that you consult an experienced patent infringement attorney to pursue your claim and to protect your interest. To get competent protection for your ideas, inventions and creations, Contact Edward L White PC Attorney At Law providing legal assistance for intellectual property and litigation concerns in Tulsa, Oklahoma city and the surrounding states. Follow us on Twitter for our latest updates!
