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How to Legally Protect Your Patent Rights Against Infringement An intellectual property lawyer helps when you’ve developed or acquired rights to a unique invention and you need your financial and legal interests on it secured. Also, you’ll appreciate help from a patent attorney in Houston in defending any possible charges of IP rights violation. Here, we look at ways the law may prevent the stealing or withdrawal of any of your well-deserved artistic, technological, or other intellectual creations. Understanding Patent Ownership Infringement Any unauthorized application of intellectual property is an infringement. To guard against possible infringement, the creator or owner of rights to any intellectual property must start by putting the world on notice concerning the existence of such rights. Giving notice helps forestall violation by making the owner’s IP rights visible to parties that may unintentionally violate them. This also comes with additional legal perks, and puts the owner in a better position to sue in court for any infringement should that become necessary.
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After inventing something (for example a product), you can notify the world about your rights to it by marking it using a patent number allocated to it by the Patent and Trademark Office. If you’re still waiting on patent approval, label it with the proclamation “patent pending” so that others won’t copy its design. Notice of trademarks and copyrights may be provided with appropriate labeling, such as using symbols (TM)and (C). The labeling is added on the invented material and the mark or copyright is registered to be introduced to government records. Steps to Take if a Patent Violation Occurs You can file a federal court lawsuit to have your intellectual property rights reaffirmed after a violation. Yet, before going to court, it helps to talk to your intellectual property lawyer and determine if suing is the best step forward. A clear-headed and painstaking assessment of your claims before using in court is necessary because patent infringement claims can be costly to litigate. Likewise, upon subjection to the scrutiny of court litigation, there’s always the risk that some IP ownership rights will be invalidate or shown not be as extensive as the owner thought. Available Legal Remedies There are several possibilities when an intellectual property owner litigates in court and their claims are upheld. The infringing party may be ordered to halt their activity through a court injunction. The claimant may also be awarded financial benefits. Likewise, the infringing part and the claimant may reach a licensing agreement once the court upholds the latter’s patent rights. With such a deal, the infringer does not stop using the patented property, but the rightful owner receives the payments.