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Things To Keep In Mind Before Filing A Suit For Patent Infringement

By Lenie Sanchez

Patents enable an inventor to check unlawful use of his or her invention by others for their own personal gains in an illegal and unauthorized manner. They provide the inventor the option to prosecute a person or a company for infringement of his patented product or its underlying process. However, there are a few things that have to be kept in mind before resorting to legal action against a patent infringement.

First, you have to make sure that the said infringement is a literal infringement of your patent. In other words, the infringing product must have copied all aspects of your original product. It is only in certain special cases that anything short of a literal infringement is treated as a valid infringement of a patent. However, this needs strong evidence to the effect that there are enough similarities and that the final effect that the infringing product creates is notably similar to the genuine product.

Secondly, you cannot be a third party and file a suit against the infringer, which means that you should have some direct connection with the patent. That is, you ought to be the owner or licensee of the product for being eligible to fight against its infringement. You also need to file a lawsuit within the time span stipulated by the limitation law of the country, after which any claim would become invalid.

Although you can take legal action against not only the producer of the infringing product but also against the user of the product, any such step can be taken only while the patent subsists. Once the span of patent has expired, no action can be brought against any infringement.

Regardless of the strict liability principle that is applicable to patents, the use of a patented product for research work does not qualify as an infringement under the patent laws for most countries.

Discover more about trademark registration Singapore and discover how does a patent lawyer and IP protection increase the net worth of your business very fast.

categories: Intellectual property,IP law,IP lawyer,trademarks,patents,ideas protection,copyright,business idea protection,protecting business ideas

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Article Citation
MLA Style Citation:
Sanchez, Lenie "Things To Keep In Mind Before Filing A Suit For Patent Infringement." Things To Keep In Mind Before Filing A Suit For Patent Infringement. 29 Dec. 2009. uberarticles.com. 29 Jul 2014 <http://uberarticles.com/business/how-to-deal-with-patent-infringement/>.

APA Style Citation:
Sanchez, L (2009, December 29). Things To Keep In Mind Before Filing A Suit For Patent Infringement. Retrieved July 29, 2014, from http://uberarticles.com/business/how-to-deal-with-patent-infringement/

Chicago Style Citation:
Sanchez, Lenie "Things To Keep In Mind Before Filing A Suit For Patent Infringement" uberarticles.com. http://uberarticles.com/business/how-to-deal-with-patent-infringement/


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