Call Today 888-401-3314

What to do when someone infringes on your patent

The main benefit of filing for a patent of your invention and ideas is to protect them from unauthorized use. You might think you do not need to do anything else because no one would use or claim a patented invention without permission. However, patent, trademark and copyright infringements happen every day in Aliso Viejo and around the world. 

Patent infringements are serious matters. Here are some steps for you to take to protect your rights and creation if you discover someone using your patented works without your permission. 

Review your patent information 

Before you allege that someone is violating your patent rights, you need to know what they are. Take some time to review the laws and rules governing patents, trademarks and intellectual properties to gain a good understanding of the type of patent infringement that you are dealing with. 

Gather proof

You cannot expect to win your patent infringement case without evidence to substantiate your claim. Along with your patent documents, evidence such as photos, videos, advertisements and other proof may be necessary to show the alleged infringer is in the wrong. 

Contact the alleged infringer 

Litigation is not always best as the first step in resolving infringement issues. You may find it beneficial to arrange a formal meeting with the offender. If he or she is not local or you do not feel comfortable with face-to-face contact, provide notification of the infringement by email or send a certified letter. The notice should clearly show you have a legal patent for the works he or she is unlawfully using. Do not forget to state that he or she must cease using them and include a deadline. 

You should always be prepared for the possibility of litigation if the infringer refuses to stop using your patented works immediately. A judge may award you damages for your losses in addition to forcing the guilty party to cease the infringement.

No Comments

Leave a comment
Comment Information

Call 888-401-3314 Or Use Our Contact Form

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy