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. Also, you’ll appreciate help from a patent attorney in Houston in defending any possible charges of IP rights violation. Below, we examine some legal interventions to guard against infringement or denial of well-merited artistic, scientific, or other intellectual property you created yourself.
Defining Patent Rights Infringement
All use of intellectual property without permission constitutes 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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After inventing something (for example a product), you can notify the world about your rights to it by marking it using a patent number allocated to it by the Patent and Trademark Office. In case a patent is not yet approved, you may deter others from imitating its design by marking it with the label “patent pending.” You may use designated symbols to provide notice of trademarks as well as copyrights, for example (TM)and (C). Such a symbol is put on the specific creation and the mark or copyright is registered so that it’s added to government records.
Course of Action in Case of a Patent Infringement
You may turn to a federal court after an infringement for help reaffirming your rights to intellectual property. 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 careful and sober evaluation of your claims before going to court is important since IP infringement lawsuits can be costly 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. An injunction may be ordered by the court requiring the accused to stop their infringement. Financial damages to the petitioner may also be available. Likewise, the infringing part and the claimant may reach a licensing agreement once the court upholds the latter’s patent rights. Under the said consensus, the infringer continues to exploit the patented product, but money goes to the reaffirmed owner.