Protecting your patents is important for any business owner that deals with intellectual property. However, just because your business’ patents were granted and assigned does not mean that you are going to be immune from patent litigation. Individuals or corporations in your industry or market maybe using the innovations claimed in your patent (knowingly or unknowingly) despite you having full legal privileges on your inventions.
In some legal situations you may even be approached by a lawyer or attorney known as a patent litigator who claims that you have unrightfully used a patent of another business. Proper attorneys and patent litigators will help your business to remain secure and as protected as possible against businesses who have unrightfully used your patent or help you defend against patent infringement claims.
The world of protection for patents and patent litigation is a complex and diverse system. Without proper lawyers to help you with your patent or to be your professional patent litigator, you may not be able to successfully protect your patent or defend your business against accusations. Patent litigation can happen at anytime during a business’ lifespan and it’s important to stay protected with a professional patent protection attorney.
What if Someone Is Unrightfully Using My Patent?
If you discover that someone is using your patent without legal permission, then you can use a patent litigator to enforce your patent rights and take the individual or business to court. You will want to consult with a professional lawyer that specializes in patent protection and infringement in order to verify that you have the best chance in court.
In some cases you may be able to reach an agreement, a paying license, or settlement prior to going to court, as some businesses may not realize they are using your patent in the first place. If the business chooses not to stop or does not compensate you for the financial damages caused by their infringement, then you can take them to court.
If the legal system rules that your patent was valid and was infringed upon, there are a number of different results that can happen. You may be entitled to financial compensation from the defendant, or the defendant may be allowed to continue using the patent as long as they pay a royalty to you as the patent owner, or you may get an injunction prohibiting the other business from selling infringing products or services. Every legal action around patents are unique and it always helps to have a patent litigator on your side to help you make the best legal decisions.
Contact us us today at Janik Vinnakota LLP to learn more about patent protection or how a patent litigator can help you to enforce the legal rights you have on your patent.