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What is Patent Infringement?
In the United States, a patent is a legal right conferred by the federal government to the sole use or manufacture of a product and creates a property right in the inventor or creator. Patents are issued by the United States patent office following a complex application process. Patents generally span 20 years from the date of filing after which the patent either expires or must be renewed. Patent infringement involves conduct by a non-patent holder intending to manufacture, sell, use or import the patented item. Those experiencing patent infringement are encourage to contact a patent infringement attorney as soon as possible.
Under U.S. laws, patent infringement cannot occur until a patent is duly issued by the U.S. patent office. However, certain pre-protections are available to defend against impending patent infringement if necessary. If you hold a valid U.S. patent or are in the preliminary stages of obtaining a patent for your original product or item, patent infringement laws are in place to ensure you do not lose your hard-earned design to an unscrupulous thief eager to make money off of your idea.
Patent infringement lawsuits follow federal civil procedure laws as well as federal substantive patent laws. Your case is filed in the federal district court by your patent infringement attorney. A patent lawsuit can result in an award of damages and/or the issuance of an injunction upon the defendant. An injunction is an equitable remedy which requires the defendant to cease his or her conduct as it pertains to the infringement of your patent. Your financial damages award can include an amount to compensate you for all financial hardships experiences as a result of the defendant’s unlawful infringement.
Patent infringement lawsuits can be a daunting experience pitting a small business or individual plaintiff against a massive corporate defendant with unlimited resources. However, the law is designed to even the playing field and resolve the matter in the interests of justice and fairness. If your patent is being threatened and you would like to commence a lawsuit to protect your ideas and inventions, do not hesitate to get started as soon as possible.
Deskin Law Firm is experienced with matters involving patent infringement and can help you secure your patented design or product. Contact us as soon as possible to avoid any further financial damage.