If you go to the effort of inventing something new, others should not get to profit off of it without licensing it from you. When someone copies your idea, that’s patent infringement. There are some ways that you can fight back when this happens. A California medical device patent lawyer from our firm can help you do that.

What is Patent Infringement?

Patent infringement is when someone unlawfully uses another person or company’s patent without permission or authorization. They are using intellectual property that they do not have the right to use in order to distribute a product or invention.

Now, in some cases, someone can use a patent that isn’t theirs. If they have licensed it from the official patent holder, then they have the right to use it. They have made a deal with the IP owner and, presumably, some of the money that they make using this IP will get back to the creator. When patent infringement happens, the user of the patent has no such authorization.

What Should I Do If I Suspect Patent Infringement?

If you think that someone is stealing your property, you should talk to a patent lawyer. They can tell you if this activity qualifies as patent infringement. Then they can help you understand your rights and address this issue.

The first step is usually sending a cease and desist letter. This informs the party infringing on your patent that they are doing something illegal. You give them a chance to comply with your demand by a certain deadline, and if you are lucky then the issue might end right here.

If you are not lucky, you may need to go to court. It’s important to talk to a lawyer about the pros and cons of this route though.

What Do Patent Owners Have to Show to Prove Infringement?

When you want to show proof of patent infringement, you’ll need to do a few things. You’ll want to show that:

  • You possess valid IP rights
  • The other party has infringed on those rights
  • The other party is financially profiting off of your patent
  • The other party is affecting your profits

These last two elements can help you show that you should be paid damages, if this issue progresses to the litigation phase.

Is Litigation Worth It?

Litigation can be expensive, and in some cases of patent infringement it’s just not worthwhile to go through with it. However, if this IP theft is really affecting your finances and bottom line, it can be worth it to go to court. You could be awarded damages, including compensation for lost profits. The court could also order the infringer to stop producing a product and destroy or recall what it has already produced.

Contact Our Law Firm Today

If you believe that someone else has infringed on your patent, you need to contact Burns Patent Law. We are ready to help you defend your intellectual property. Schedule your consultation today.