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September 18, 2017

Guarding Against IP Rights Infringement: How the Law Helps

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

All use of intellectual property without permission constitutes 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. Providing notice hinders violation by making the owner’s IP rights known to persons that may inadvertently infringement on them. In addition, it brings additional legal merits, and when it becomes necessary to file an infringement law suit, the owner has a superior advantage.

How to Indicate 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. There are appropriate symbols that are used to give notice of trademarks and copyrights, including (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. Also, once a patent ownership claim is put through the examination of court deliberations, there’s usually the possibility that it may be revoked or shown not be as far-reaching as the owner imagined.

Available Legal Remedies

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. Financial damages to the petitioner may also be available. Additionally, once the owner’s IP rights are upheld by the court, the infringing party may accept a license agreement. With such a deal, the infringer does not stop using the patented property, but the rightful owner receives the payments.
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