You can turn to an intellectual property lawyer for help guarding your legal and financial interests for a unique creation to whose rights you’ve acquired. And when someone accuses you of IP infringement, a patent attorney in Houston can help you fight back. Below, we examine some legal interventions to guard against infringement or denial of well-merited artistic, scientific, or other intellectual property you created yourself.
Understanding Patent Ownership Infringement
Any exploitation of intellectual property without approval is an infringement. To prevent potential violations, the inventor or holder of rights to an intellectual property has to begin by notifying the entire world about the existence of the said rights. Giving notice helps forestall violation by making the owner’s IP rights visible to parties that may unintentionally violate them. This also comes with additional legal perks, and puts the owner in a better position to sue in court for any infringement should that become necessary.
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How to Declare Rights to an IP
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Once you’ve invented anything (a commodity, for instance), be sure to mark with a patent code allotted to it by the Patent and Trademark office as declaration of your rights to it before everybody. If you’re still waiting on patent approval, label it with the proclamation “patent pending” so that others won’t copy its design. There are appropriate symbols that are used to give notice of trademarks and copyrights, including (TM)and (C). The symbol is placed on the material in question before registering the mark or copyright so that it’s appended to the government database.
Course of Action in Case of a Patent Infringement
You can file a federal court lawsuit to have your intellectual property rights reaffirmed after a violation. Yet, before going to court, it helps to talk to your intellectual property lawyer and determine if suing is the best step forward. A clear-headed and painstaking assessment of your claims before using in court is necessary because patent infringement claims can be costly to litigate. Similarly, after going through the analysis of court proceedings, there’s always the chance that certain patent ownership claims will be nullified or demonstrated not to be as broad-ranging as the owner believed.
Possible Legal Solutions
Several remedies are available in case an intellectual property owner sues in court and their lawsuit succeeds. The infringing party may be ordered to halt their activity through a court injunction. Financial damages to the petitioner may also be available. Also, after the claimant’s patent rights are reaffirmed in court, the infringing entity may agree to a licensing deal. Under the said consensus, the infringer continues to exploit the patented product, but money goes to the reaffirmed owner.