A Guide to Legally Securing Your Intellectual Property From Violations
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. Here, we look at ways the law may prevent the stealing or withdrawal of any of your well-deserved artistic, technological, or other intellectual creations.
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. Notifying everyone discourages infringement by enhancing the visibility of the creator’s IP rights to people that could violate them mistakenly. 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.
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How to Notify About Rights to a Patent
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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. If you’re still waiting on patent approval, label it with the proclamation “patent pending” so that others won’t copy its design. There are appropriate symbols that are used to give notice of trademarks and copyrights, including (TM)and (C). The labeling is added on the invented material and the mark or copyright is registered to be introduced 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 cautious and somber examination of your accusations before litigating in court is vital as some patent violation cases are expensive 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.
Possible Legal Solutions
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. 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.