The term patent infringement refers to illegal use of a legally protected invention. Patent infringement is broadly classified into two types; direct infringement and indirect infringement. Infringement of an already existing invention or which performs the same functions of the patented invention comes under direct infringement. Indirect infringement is again divided into two categories; induced and contributory. Any action which enables the third person to directly infringe the patented invention comes under induced category. It includes, selling parts which can be used only for a patented invention or selling an invention with directions to use a patented process etc. Selling the components which were specifically manufactured for the patented invention comes under contributory infringement. In general, this type of infringement is found to be more serious than the former because the intention behind it is to take the undue advantage of the invention and to incur loses to the patent holder.
Bankruptcy Code, Loans After Bankruptcy, Dallas Bankruptcy Attorney,
In general, infringement lawsuits are very costly and the fine may typically range from $ 1 million or more. There are situations in which a small infringement cost $2 - $5 million for a company. So irrespective of big or small, it may put a company out of business leading to bankruptcy. In case, if you lose a lawsuit, you are not only supposed to pay for the damages, but also for their attorney fee. So, instead of facing infringement issues later on, it is better to take preventive measures like hiring an attorney for patent infringement issues and doing research about similar inventions might prove to be very useful.
Apart from fine, these cases take long time and though the infringer hires a good attorney, who does most of the work, 10-20% of work has to be done by the infringer himself, which could otherwise be used for his business development. So, by all means, it is better to appoint an attorney for patent infringement issues during or after the development of the product and before marketing to avoid any hassles later on. While hiring an attorney, one should definitely look into his professional experience and his success rate. It is better to hire a lawyer who has a lot of experience in dealing infringement cases specifically. An experienced attorney will definitely know all the options and loopholes to get the desired outcome.
Similarly, the patent holder also needs to hire an attorney, as it is his right to prevent others from taking undue advantage of his invention. Since the infringer definitely search for the loopholes for proving the accusation to be false, by hiring an attorney, the patentee can be sure that the infringer pays for all the losses incurred by him. However, to win the case the patent holder must have a proof that infringer had been informed regarding the infringement. For this, the patent owner has to send notice either by filing an action or by sending him a letter or by marking the infringing product. Even if the infringer continues to take undue advantage of his invention, the patentee can file case against him in the Federal court to protect his right.
Is Bankruptcy Right For You? Talk to Bankruptcy Attorneys Free and Confidential. Licensed bankruptcy attorneys are available. Attorneys will call you to discuss your case for free. Find out if bankruptcy is right for your situation.
Rating of Bankruptcy Chapter 13
Get Online Application at online Bankruptcy Lawyer.
0 comments:
Post a Comment