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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.


On behalf of Crockett & Crockett posted on Monday, April 30, 2018.


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