Patent Infringement

Patents are issued to individuals that are responsible for inventing new and forward-looking designs, products, and technologies in order to protect these inventors from unlawful use of their inventions. Inventors holding a patent for their invention are given the exclusive right to make, use, and sell their creation for the term of the patent. The duration of a patent term is typically 20 years. The patent issued for the invention will provide guidance to the public in regard to the invention; such guidance may include uses that are prohibited without the expressed permission of the inventor. When other individuals make, use, or sell the patent holder's invention without the authority of the patent holder, patent infringement may have occurred.

When patent infringement occurs, the patent holder may sue the party(ies) responsible for the illegal use of the patented invention. Patent holders may seek an injunction against the party accused of the infringement. If an injunction is ordered by the court, the party(ies) committing the infringement must refrain from any further infringement on the existing patent. If the party(ies) fail to abide by the court ordered injunction, civil and criminal penalties could be levied against them. Those responsible for infringement may be liable for monetary damages as a result of the infringement upon the patent holder's invention.

Intellectual property attorneys can provide assistance to patent holders that have suffered financially and emotionally due to another party's infringement on their invention. Because infringement is a serious matter that needs to be dealt with in a legal arena, having expert legal representation is highly recommended. The party responsible for the infringement may try to prove that the existing patent is invalid, and patent holders need a skilled and knowledgeable attorney to protect their patent, invention and their interests. An intellectual property law attorney may be of invaluable assistance in cases of infringement upon a patent holder's invention. An attorney will work diligently to litigate the case and obtain relief for the patent holder.