How to Deal With Patent Infringement
Imagine that you think of a good idea one day. You do plenty of research, discover that nobody else has marketed or developed your idea, and start making plans to patent it. You may develop it on your own, hire a reputable consultant, or hire a research team. Once your idea is developed and ready to patent, you secure the patent. The invention is yours. A while later, you see something on the market that is identical, uses the same technology, or uses the same process. What do you do now? This is when we can help. At Badmus & Associates, our Dallas patent attorneys know how to deal with infringement issues.
What Is Patent Infringement?
Patent infringement happens when someone commercially uses, produces or sells a patented invention without the patent holder’s permission. When patent holders give permission to entities that ask to use an invention, the requesters usually receive special licenses. When a patent is granted, the scope of its protection is outlined in the claims. These claims tell the public what the patent holder forbids without granted permission.
It is important to note that patent infringement may not be enforceable in all foreign territories. However, if one American entity infringes a patent that is enforceable in the United States, that entity is liable for damages. According to 35 U.S. Code Section 271, anyone who actively infringes an existing patent is liable as an infringer. Additionally, anyone who knowingly imports or offers to sell a product that infringes an existing patent is liable as a contributory infringer.
What To Do When Patent Infringement Happens
If you are a patent holder living in Texas and discover that someone in the United States is selling or using your intellectual property without your permission, the first step is to contact our patent attorneys in Dallas. Do not try to reach out directly to the manufacturer, business, or importer that is infringing the patent. A Dallas patent attorney knows how to handle correspondence while protecting you, your legal rights, and your patent. We have the resources to investigate the matter, identify the scope of infringement, and handle the proceedings. The easiest way to protect your interests and receive adequate compensation for any losses is to promptly contact a patent attorney.
How To Avoid Patent Infringement
When you have an idea that you want to bring to market, the easiest way to avoid patent infringement is to work with an attorney. An attorney can research patents that relate to your idea to ensure that you will avoid violating any laws and will protect your intellectual property. If there is an existing patent for your idea, an attorney can advise you about potential licensing options. In some cases, a patent may be invalid. When this happens, an attorney can advise you about how to proceed and protect yourself.
Consultation with a Patent Attorney
If you think that someone infringed your patent, we can help. We can also help you search for patented inventions or processes. Our attorneys have experience in a variety of patent-related issues. We know how to protect your interests and handle all the hard work on your behalf. Patent infringement victims are often entitled to compensation from violators, and we are familiar with intellectual property law and the scope of protection for patents. Please complete the schedule consultation form to contact Badmus & Associates and learn more about how to protect your patent rights.
This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your legal situation and options, you are invited to call us at 214-494-8033 or complete our consultation form below.