Let’s say, you have a granted patent still somebody is using your invention. Needless to say, that person is infringing your patent and as per the patent infringement law, you are in fact entitled to take Court action to stop patent infringement.
Of course there are legal help available to take care of your need and the Patent and trademark lawyers are there to make you understand and explain exactly what constitutes infringement. So first things first; you need to understand that patents are territorial rights. In fact an USA patent can be used for preventing infringement only in the United States. And if you wish for protecting your invention elsewhere, you should file corresponding applications for foreign patents.
The same stands true to patent infringement as well and you should consult legal help in order to protect things better.
Patent infringement Act - Okay, assuming that have a US patent, or a Latin American patent, which is in force in the US NO OTHER person in the US may do any of the following without your consent:
• Copy, make, dispose of, use, import your patented product;
• Employ or use the patented process;
• Offer to dispose, import or keep a product obtained directly from a patented process.
• make or sell the patented product
However there are still a number of exceptions to patent and trademark infringement and the most important of which is that, anything being done for non commercial and private reasons does not fall into the category of infringement.
Scope of the granted patent
If you are serious about determining whether or not the particular act infringes upon a patent, it is essential to consider what the patent actually covers. Only qualified and specialized Patent and trademark lawyers can determine whether a particular product falls within the scope of the patent claim.
Resellers and end users and the patent infringement act
Let’s say if a reseller obtains the product from the patentee or his licensee, there is almost always an implied license to use or re-sell the product.
Contributory patent infringement
Again the patent trademark lawyer would be able tell this better. However, let’s here understand the whole aspect of contributory patent infringement by an easy example. Suppose a chair is patented. The granted patent requires that the chair should have four legs with other things. Now the person selling the chair may be guilty of contributory patent infringement if he tries to sell the chair without the four kegs.
IP Protection is important and the laws regarding patent or trademark infringement are complicated therefore you should need to consult the Patent and trademark lawyers to protect your IP better.
For more information please visit our website: http://www.moellerip.com/