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A Guide to Legally Securing Your Intellectual Property From Violations

With the help of an intellectual property lawyer, you can protect your legal and financial interests for something unique to whose rights you’ve created or obtained. Also, you’ll appreciate help from a patent attorney in Houston in defending any possible charges of IP rights violation. Read on to understand how you can use the law to prevent theft or denial of your hard-earned artistic, scientific, or other intellectual inventions.

Understanding Patent Ownership Infringement

Any exploitation of intellectual property without approval is an infringement. To guard against possible infringement, the creator or owner of rights to any intellectual property must start by putting the world on notice concerning the existence of such rights. Giving notice helps forestall violation by making the owner’s IP rights visible to parties that may unintentionally violate 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.
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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.” Notice of trademarks and copyrights may be provided with appropriate labeling, such as using symbols (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. But before you file a lawsuit, be sure to consult your intellectual property lawyer and see if that move is in your best interests. A cautious and somber examination of your accusations before litigating in court is vital as some patent violation cases are expensive to prosecute. Also, once a patent ownership claim is put through the examination of court deliberations, there’s usually the possibility that it may be revoked or shown not be as far-reaching as the owner imagined.

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. The plaintiff may also be awarded money damages. Likewise, the infringing part and the claimant may reach a licensing agreement once the court upholds the latter’s patent rights. In such an arrangement, the infringer continues to use the intellectual property but payments go to the legal owner.