Inventors who create a unique invention or technique often have the right to patent their work. A patent can protect an inventor’s process, design or invention from being used by others for commercial means. An inventor can submit an application to the United States Patent & Trademark Office (SPTO) for a utility, design or plant patent, which can give them exclusive rights to decide how their creation is used for 20 years in the U.S. A patent holder can give permission to other parties to use, reproduce and sell a patented work.
While a patent can give an inventor exclusive rights over their invention, other parties may try to use an invention for their own interests. When a party reproduces or sells a patented creation without permission from the patent holder, they infringe on the patent holder’s rights. Here is what you should know:
How can inventors prove patent infringement?
Patent infringement can happen in several different ways. A party may be aware of and knowingly infringe upon a patent. Or a party may create a product without knowing that a patent exists. It is possible to prove infringement if there is physical evidence that a product is similar to a patented invention.
What happens if a patent holder wins an infringement case?
If a patent holder can prove that their patent was infringed upon, they can seek monetary damages. The damages a patent holder can collect depend on a few factors in a case, such as how much the infringing party made in royalties and the profits the patent holder lost as a result of the infringement.
Can inventors stop patent infringement?
One of the best ways inventors can stop patent infringement is by discussing their legal options with a patent attorney. A patent attorney can take steps to pursue liable parties responsible for patent infringement.
