During the invention process, obtaining a patent allows the inventor or creator to have complete ownership of the idea and protect it from duplication by a competitor or other party.  Patent infringement helps protect against any manufacture, sale, or offer for sale of a specific technology, product, or process and an infringement can lead to a case that entitles the owner to monetary compensation.  Working with a patent infringement lawyer or representative is the first step in making a valid claim and case. Any unauthorized use, sale, or distribution of a patented invention can lead to relief in Federal court.

Why is Patent Infringement Representation Important?

In today’s competitive business marketplace, the speed of manufacturing and developing new products is increasing at a rapid pace. Thousands of new products and ideas are developed each day, but many are liable for patent infringement. A patent infringement attorney can work with litigation for intellectual property laws such as patents, trademarks, copyrights, trade secrets, and other intellectual products that can be stolen or copied by the competition. 

Patent infringement litigation is an essential step to protect and preserve an inventor’s original creations, works, or intellectual property, and pursue necessary compensation as needed.

What Does a Patent Infringement Claim Entail?

A patent infringement suit follow the rules and procedures mandated by Federal courts and inventor’s rights. The decision of the district court, Court of Appeals, and Federal Circuit are all involved with determining how to remedy the damages for a particular case, and this is why working with a patent infringement lawyer is necessary.  The patent infringement claims and case process varies significantly by each situation, and there may be several solutions to a given problem.  A patent infringement attorney can help with:

• A patent infringement opinion and study, that evaluates the risk of the charges and determines if any willful infringement took place
• Obtaining a copy of the original patent, sourced from the U.S. Patent and Trademark Office, public library, or commercial services
• Organizing the history of the patent, also known as the file wrapper.  This provides information on all correspondence between the U.S. Patent and Trademark Office and the original creator or inventor
• Obtaining art references cited during the prosecution of the patent application
• Reviewing the actual product

A patent infringement attorney is usually involved with drafting the initial patent infringement letter or opinion, and putting together all related documents and objects needed for reference during the case.

Determining Patent Infringement

Determining patent infringement isn’t always easy, and various codes and guidelines can be applied to different cases.  A patent infringement attorney can review codes and laws that can easily be missed.  Title 35, Section 271 of the U.S Code defines Patent Infringement as:

1. Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefore, infringes the patent.

3. Whoever actively induces infringement of a patent shall be liable as an infringer.

5. Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial non infringing use, shall be liable as a contributory infringer.

In some cases, patent infringement can be very vague and requires extensive review and research.  A patent infringement lawyer can help determine the scope of the case, and begin the litigation process in pursue of damages.
Patent holders can pursue allegations of patent infringement with the right approach, but there are some significant steps required that many business and patent owners miss.  Working with a patent infringement attorney or lawyer can help minimize the costs involved in putting together a case, and determine if an infringement actually exists.  Contact Johnson Law Group if you need representation or guidance with a patent infringement case.  The Johnson law firm can be contacted by e-mail or call Nick Johnson 1-888-311-5522.

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