Every year, a large number of individuals and businesses file for the patents. While there are many people who think once they got patent, everything will be good and smooth since their patent will offer them protection against infringement.
However, there are times when someone may invent something that is almost similar to yours or may even try to threaten your patent in this way. Well, in such cases, patent holders should take drastic measures to best protect their interest. Patent litigation can be pursued and if you succeed, you can even be entitled to the monetary damages.
Important basics on Patent Infringement
Patent infringement happens when an individual or a business distributes or creates patented item without written permission of patent holder or the party that owns initial patent. In such case, the patent holder can decide to sue infringing party to stop their activities and receive compensation for unauthorized use.
The lawsuit must be filed against infringing party within 6 years from the infringement date. If you notice someone has overstepped your patent, you have the right to file a case against them. The patent litigation normally proceeds just like other federal cases, but the complex legal issues that surround patent infringement and validity are reserved for court’s determination.
Some of the patent litigation cases even use juries for other such important aspects of overall case. Therefore, hiring expert patent litigation lawyers is crucial for those who want to sue the infringing party. Only they hold sufficient knowledge and expertise that can help you win the case.
Types of Patent Infringement
When you file a lawsuit against the infringing party and take them to court, you need to show that they actually stole your patent. To build your case properly, you need to get armed with proper knowledge about different kinds of infringement that may take place and show which one among them that was exercised by the defendant.
- Direct Infringement
This kind of infringement occurs when some party manufactures items covered by patent without the permission of patent owner.
- Indirect Infringement
It takes place when a party encourages or helps anyone to infringe on an already established patent.
- Contributory Infringement
If the party offers resources or parts to the infringer that will have no infringing use on their own, the party is seen as liable.
- Literal Infringement
It happens when infringing invention and words within patent application overlap.
- Willful Infringement
It is most severe kind of Infringement and if it gets proved that some party acted on this kind, they may require paying much higher damages. It happens when the party invented something willfully that infringed on anyone else’s patent. It includes both direct and intentional copying as well as continued infringement even after notice. This can occur when a party didn’t hire a lawyer to look over their patent application.
If you too have found anyone infringing your patent, don’t just lie back. Make sure to file a lawsuit to protect your interests.