Legal Advice 

Is There Such Thing as a Patent Infringement? 

Yes. Patent infringement refers to a person or company making, selling, or using someone’s patented invention or idea without permission. It is against the law to use someone’s patented idea or invention without their permission. A person who registers their idea or invention with the government becomes the patent holder. This gives them the legal right to hire a Patent Lawyer Dallas to obtain damages for the unauthorized use of the patent.

The Stages of a Patent

Inventors have many ideas. However, an inventor doesn’t own the idea or created invention until they obtain legal rights form the government. There are four stages a person needs to complete before they become a patent holder. For instance, they must obtain documents using a provisional patent. This is done via the U.S. Patent and Trademark Office (USPTO).

Once the provisional patent is granted, the patent is officially pending. This means the person doesn’t hold the patent, but they can sue if someone tries to use it. The person can let their competitors know of the pending patent. Obtaining a final patent takes several months. However, an individual could ask the USPTO not to release their patent until they are ready to use it.

The patent holder receives full rights to the patent once it is given to them by USPTO. The patent does expire. Once a patent expires, the owner no longer has sole rights to the patented idea or invention.

Can a Patient Holder Contact USPTO About a Patent Infringement?

No. The USPTO has nothing to do with patent infringement disputes. It only grants the patents to patent holders.

How a Patent Holder Knows Their Patent Has Been Used

The key factors in patent infringement is the company or person used, sold or offered the patented invention without the patent holder’s permission. This is called a direct infringement. An indirect infringement occurs when the company or individual encourages someone else to infringe of the patent.

Contributory infringement occurs when a company or person provides a product or part to assist someone in the unauthorized use of a patent. The part or product must have no other reasonable use. A lateral infringement occurs when the person or company idea or invention is used within the patented one. This means the person or company used the patent to make their own product without permission from the patent holder. Willful infringement is another person or company purposely used someone’s product or idea. Often the patient is used by mistake.

Getting Help with Patent Infringement

A patent infringement case is a complicated matter. For instance, the person or company accused of using the patent may present particular defenses to win the dispute. This means the patent holder needs skilled legal assistance to win or settle their legal dispute. A patent dispute is in the category of intellectual property. Thus, it helps to obtain the help of an intellectual property lawyer who specializes in patent law for assistance.

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