Patent Lawsuit – What You Need to Know About Patent Infringement
In today’s world, being inventive can bring you riches that you have only dreamed of in the past. However, if you happen to be an inventor, you would most likely also be aware of the fact that, if you forget to have your work patented, you would most likely end up having your idea stolen by somebody else. You also have to face the fact that, if you were able to conceive an idea, there is a probability that someone else, in another part of the world, can also come up with such.
Having a patent in place is a good protection for your inventions. There are, however, times when you would have to deal with people who happen to be infringing on your intellectual property rights. Some of these cases would call for the filing of a patent lawsuit.
A Patent Lawsuit Has Been Filed: What Now?
A patent lawsuit is typically filed when a third party makes use of your innovation or invention outside the allowed as defined in the claims of the patent grant. Since patents are typically territorial, the restrictions placed by the patent grant are only enforceable in the country or state where it was granted.
Just like with most lawsuits, a patent lawsuit follow the procedure set by the federal courts. The patent lawsuit is filed and a resolution is done at the district court. The losing party could then file an appeal with the Court of Appeals for the Federal Circuit. The Supreme Court can then take over the case by way of a writ of certiorari. If you are in the US and the infringing party happens to be the US government, you can file a patent lawsuit with the United States Court of Federal Claim. Keep in mind that the government might make use of a patent without prior authorization from the patent owner as long as the latter is justly compensated.
If you find yourself having to deal with a patent infringer, the first thing that you need to do is to notify the other party about the situation. Provide the other party with at least a month in order to provide a reply or comply with your request. Be very careful that your letter does not appear as though you are already sure that the other party is infringing as this might give then cause to file a lawsuit for character defamation.
More Points to Consider in a Patent Lawsuit
Should the other party request for a meeting at their office in order to discuss the patent lawsuit, tread carefully. If possible, have the meeting instead at your office. Make sure that you have a lawyer with you during the meeting so that he or she can advice you how to answer the questions properly.
In the off chance that your letter was not given due attention, get in touch with the owner of the company or the CEO and request for a meeting. At all times, make sure that you are calm. This would allow you to logically consider all the available facts.
The best way to keep yourself from having to worry about a patent lawsuit is to make sure that you check out the implementation of your patent poorly worded ones are typically the victim of patent infringement. For more useful articles on patent lawsuit please browse through http://www.lawsuitfiled.com/patent-lawsuit/ .