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. 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 discourage any probable violation, the person creating or owning rights to any intellectual property should firstly alert the world to the existence of any such rights. Giving notice helps forestall violation by making the owner’s IP rights visible to parties that may unintentionally violate them. This also comes with additional legal perks, and puts the owner in a better position to sue in court for any infringement should that become necessary.
How to Notify About Rights to a Patent
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. And if a patent is yet to be awarded, you can discourage others from copying its design by using the label “patent pending” on it. Notice of trademarks and copyrights may be provided with appropriate labeling, such as using symbols (TM)and (C). The labeling is added on the invented material and the mark or copyright is registered to be introduced to government records.
Steps to Take if a Patent Violation Occurs
You can file a federal court lawsuit to have your intellectual property rights reaffirmed after a violation. Yet, before going to court, it helps to talk to your intellectual property lawyer and determine if suing is the best step forward. A careful and sober evaluation of your claims before going to court is important since IP infringement lawsuits can be costly to prosecute. Similarly, after going through the analysis of court proceedings, there’s always the chance that certain patent ownership claims will be nullified or demonstrated not to be as broad-ranging as the owner believed.
Possible Legal Solutions
There are several possibilities when an intellectual property owner litigates in court and their claims are upheld. An injunction may be ordered by the court requiring the accused to stop their infringement. The claimant may also be awarded financial benefits. Additionally, once the owner’s IP rights are upheld by the court, the infringing party may accept a license agreement. Under the said consensus, the infringer continues to exploit the patented product, but money goes to the reaffirmed owner.
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