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Written by : Ernest Tafolla |
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patent infringement everything you need to know what is patent infringement patent infringement means that a person makes sells imports or uses someone else's patented idea or invention this is easy since patents are public documents and all the information is readily available but it is illegal if the patent holder sues the court could direct the defendant to stop the illegal activity the patent holder can also receive monetary damages for the unauthorized use of the patent what are the stages of patents one the adventure documents the concept using a provisional patent - once a provisional patent is granted the patent is pending the inventor now has some rights to the invention and could sue if someone else tries to use it 3 the patent is enforceable once the USPTO issued the patent 4 unless the patent is renewed it eventually expires then the patent owner no longer has sole rights to the invention before creating a patent claim use your patent file as your primary resource make sure that your patent records show that the other party used your invention without your permission it's important to understand the courts procedures when building a claim first the court determines if the infringement claim is relevant once the claim terms are created the court decides if the claims apply to the patented item the different types of patent infringement are direct infringement indirect infringement induced infringement contributory infringement literal infringement doctrine of equivalents and willful infringement the patent owner is responsible for proving patent infringement it's similar to the concept that a criminal suspect is innocent until proven guilty the alleged infringer doesn't need to prove he or she is innocent patents are intellectual property that means that in the United States they are not a criminal matter there is no police protection against patent infringement you must sue someone in civil court for that person to be held accountable common defenses of patent infringement include the patent holder lying on the application providing dishonest information using the patent for illegal activity the patent itself violates antitrust laws or it did not meet novelty and non-obviousness utility patents last for 20 years from a filing date design patents last for 14 years and plant patents last 17 years if you are a business owner or inventor you need to budget to avoid patent infringement it's an upfront investment to save you a lot of money in the future patent infringement lawsuits are costly and time-consuming be proactive and diligent about patents start by searching online for patents using programs like patent hunter always check your competitors for new technology penalties for patent infringement include preliminary injunctions permanent injunctions or paying damages and costs to the owner
Thanks for your comment Min Lone, have a nice day.
- Ernest Tafolla, Staff Member
Thanks for this interesting article
Thanks LeubingenN your participation is very much appreciated
- Ernest Tafolla
About the author
I've studied health policy at Bacone College in Muskogee and I am an expert in geodesy. I usually feel recumbent. My previous job was sales representative ( education programs) I held this position for 12 years, I love talking about billiards and pole dancing. Huge fan of Courtney Cox I practice golf and collect for sports cards.
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