You go to all of this effort to invent something new and go through a costly, time-consuming process to patent it. Then you find out that someone else is using your invention anyway. This is called patent infringement, and it can be infuriating to deal with. Fortunately, you do have legal remedies available to you. A California automotive patent lawyer from our firm can help you.
Can a Court Stop Patent Infringement?
When you suspect that someone else is committing patent infringement by using your intellectual property without permission, you can bring them to court. A judge can issue an injunction against them, preventing them from continuing to use your patent.
Were they manufacturing products? Were they trying to use your brands and pass them off as their own? It doesn’t matter. If they were using your patent or any other kind of IP without your express permission, through a licensing agreement for example, then their activities need to be stopped. A judge in federal court has this ability.
Will I Get Paid After I Put a Stop to Any Patent Infringement and Related Activities?
Stopping the patent infringement is one thing, but what about the damages you have suffered since your IP was compromised? Someone using your patent without permission isn’t just making money off of your idea. They are taking money out of your pocket as they take customers away from you. So they should have to pay you for back for these sales that you have lost as a result.
And what about your reputation? Just because someone is using your patent, that doesn’t mean that they are committed to building a product that’s as high-quality as yours. Many infringers simply craft a poor knockoff instead of investing in the best possible manufacturing processes. This can mean that their reputation isn’t on the line. When this shoddy product breaks, the consumer could blame you. You should be reimbursed if this patent infringement caused harm to your reputation.
Finally, combatting patent infringement can be tough. It’s recommended that you have an attorney who is well-versed in these matters. The initial trial can take a while, and then it is possible that the defendant will appeal. This all can cost money, but you can be awarded attorney’s fees when you win your case.
Do I Need an Intellectual Property Lawyer?
Again, we do recommend hiring an attorney. This is your intellectual property we’re talking about. For many companies, assets like patents can be almost as valuable as their physical assets. Stopping patent infringement is tough, but it can be easier with experienced attorneys on your side.
Talk to Our Legal Team
So if you suspect that someone is using your patents without permission, you need to act. Reach out to Burns Patent Law and schedule a consultation with a seasoned IP lawyer. We’re ready to help you hold patent thieves accountable.
