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How to Legally Protect Your Patent Rights Against Infringement

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. 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.

Defining Patent Rights 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. Notifying everyone discourages infringement by enhancing the visibility of the creator’s IP rights to people that could violate them mistakenly. 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). Such a symbol is put on the specific creation and the mark or copyright is registered so that it’s added 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. However, it makes sense to discuss the best course of action with your intellectual property lawyer prior to filing a lawsuit in court. 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.

Potential Legal Outcomes

When an intellectual property owner files a lawsuit and their prayers are upheld, several outcomes are possible. A court may issue an injunction demanding the infringing party to halt what they’re doing. The plaintiff may also be awarded money damages. 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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