It can be frustrating to see that your patent or intellectual property is being infringed upon by someone else. Not only does this mean that someone else could be making money off your idea, but it also means that you’re going to have to fight this party in court and deal with those expenses. There may be another option though. An Orange County, California patent lawyer can help you explore alternative dispute resolution methods that can help you save time and money.
What Are Some Alternative Dispute Resolution Methods?
There are two popular alternative dispute resolution methods that are often used to solve patent-related conflicts. The first is mediation. This requires you and the other party to sit down with a neutral mediator who will help you work things out. This is a more collaborative process and it can be less stressful if everyone is willing to work together to find a solution.
Arbitration functions much like a court case, but it goes a bit faster. Decisions reached through arbitration are also binding. That’s important to know before going in.
Either alternative dispute resolution method can offer some key advantages over going to court, including:
Privacy: Litigation means a court record. Mediation sessions and arbitration proceedings can be kept confidential.
Time: These alternatives tend to take less time than litigation.
Cost: Because these methods are faster than litigation, they are often less expensive.
Finality: Court decisions can be appealed, but arbitration is binding. Mediation requires you and the other party to come to a final agreement, so no one should try to challenge it after. These methods can offer a finality that court rulings do not.
What If an Alternative Dispute Resolution Does Not Work?
There is always litigation. Not every conflict can be solved through these alternative dispute resolution methods, but you should at least give them a try. It should be apparent quickly if mediation sessions are not going to work or if arbitration is not an option the other party will agree to. If you need to go to court instead, our lawyers are ready to make your case in front of a judge.
Can a Patent Lawyer Help With All Methods of Dispute Resolution?
Yes, a patent lawyer can help with these alternative dispute resolution methods. You do not typically bring your own lawyer into a mediation session, but they can help you review any agreement before you sign off on it. This can help you protect yourself and your business.
You can have a lawyer with you during the arbitration process. We do recommend this, because arbitration is more adversarial than mediation. It can be more important to have someone there who will represent your best interests. Arbitration results are also binding, so it’s a good idea to be ready to make your best possible case since you won’t get a re-do.
Talk to an Attorney Today
If someone is trying to steal or misuse your intellectual property, you need to take that seriously. Contact Burns Patent Law and schedule a consultation today. We can tell you more about how our attorneys can be of assistance.
