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Defending against patent infringement

If you create a something and choose to patent it, what can you really do if you believe that someone is violating your patent? This all depends on the nature of the violation and the steps you are willing to take to reach a just resolution. Often, patent violations occur when a very large company with many complex operations uses something patented by a small innovator. In theses cases, it can feel like a literal David-and-Goliath scenario, and it is often difficult to know where to begin.

First, it is important to understand that even an intentional patent violation is not a criminal act. If you have seemingly airtight proof that someone or some entity has unfairly used your patented process or product, you are facing a lengthy legal battle with no real guarantees. However, there are plenty of precedents of patent holders receiving significant victories because of patent violations by large and small companies.

Patent infringement is a federal issue, even though it is not a crime. This means that you must pursue the infringement through a civil suit in federal civil court. In order to do this, you should seek the guidance of a patent attorney who understands the intricacies of pursuing patent infringement cases.

If you believe that you have a legitimate patent infringement case, do not wait to consult with an experienced attorney to examine the finer points of your situation. Patent infringement often lies in the details, so it is always wise to do as much groundwork as you can to build a strong case before you ever officially file. With professional legal counsel, you can rest assured that your case receives proper attention and that your patent rights are truly defended to the extent of the law.

Source: findlaw, "Enforcing Patent Rights Enforcing Patent Rights," accessed July 07, 2017

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