When you have a great idea or product, you get a patent for it so that no one else can use it and profit from your idea. When someone ignores that patent protection, they need to be held accountable. A California automotive patent lawyer from our firm can help you with patent infringement litigation and make sure that your valuable intellectual property is protected.
What Qualifies as Patent Infringement?
Patent infringement can be defined as any unauthorized use of your patent. If someone is selling your product, that’s an issue. If someone is just making a copy of your product for their own use, that is still actionable. In some cases, someone may even be guilty of “indirect” infringement because they have encouraged someone else to ignore your patent protection!
Any type of infringement is quite serious, so it’s important to go to court and get any of these sketchy activities shut down. Once the court issues an injunction and puts a stop to the infringing activity, you can receive damages.
What Kinds of Damages Can Be Won in Patent Infringement Litigation?
Most types of damages in a patent infringement case are designed to compensate you for any money you lost as a result of any infringing activity. A successful lawsuit can lead to the award of damages that make up for:
Lost profits: When someone misuses your patent, you can try to show that you lost out on potential sales and profits due to their actions. If people bought the infringing product instead of your own, you can make a credible claim here.
Royalties: Not everyone keeps a patent to themselves. Sometimes it can be beneficial to license out a patent and collect royalties. When someone ignores your patent protection instead of licensing your intellectual property, you can argue that you should be paid reasonable royalties.
Indirect damages: Any other damages caused by this infringement, even indirect damages, should also be awarded in a case like this.
What Can Affect the Value of the Damages Awarded?
There are a variety of factors that could influence how much a patent holder gets awarded in damages. Commonly considerations include:
- The reputation of the inventor
- How the inventor’s reputation was affected by the infringement
- How large the market for this invention is
- What kind of competition this invention faces
- The nature of the patent, like if it was for an entire machine or a part
Do I Need an Attorney?
It can be tough to build a patent infringement case. It’s also necessary to make sure that pursuing a case is a worthwhile use of your time and money. This is why we recommend talking to a lawyer. They can give you an honest appraisal of the situation and help you build a compelling case for compensation.
Talk to a Patent Attorney Today
If you believe that your patent is being infringed upon, do not fight back alone. Contact Burns Patent Law and talk to an attorney. We can help you protect your reputation and seek out the damages that you deserve.