Guarding Against IP Rights Infringement: How the Law Helps
An intellectual property lawyer helps when you’ve developed or acquired rights to a unique invention and you need your financial and legal interests on it secured. Still, a patent attorney in Houston can help you challenge any accusations of IP infringement you may be facing. 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. Providing notice hinders violation by making the owner’s IP rights known to persons that may inadvertently infringement on them. It also introduces several extra legal benefits, and it gives the owner an advantage when prosecuting any violation in court, should it become necessary.
How to Declare Rights to an IP
As an inventor, you can notify everyone one of your rights to it by marking your creation (such as a product) with the patent number that the Patent and Trademark Office assigned it. In case a patent is not yet approved, you may deter others from imitating its design by marking it with the label “patent pending.” 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.
Steps to Take if a Patent Violation Occurs
You can go to a federal court to have rights to intellectual property enforced following an infringement. Yet, before going to court, it helps to talk to your intellectual property lawyer and determine if suing is the best step forward. A cautious and somber examination of your accusations before litigating in court is vital as some patent violation cases are expensive to prosecute. Likewise, upon subjection to the scrutiny of court litigation, there’s always the risk that some IP ownership rights will be invalidate or shown not be as extensive as the owner thought.
Available Legal Remedies
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. The claimant may also be awarded financial benefits. 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.
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