Posts Tagged ‘business idea protection’

How To Deal With Patent Infringement

Patents provide legal recognition to the right of an inventor to stop unscrupulous individuals from making use of his or her invention for their own advantage. They give the inventor the right to sue a person or a firm for deliberate infringement of his invention or its manufacturing process. However, you have to keep a few important things in mind when looking for a legal recourse for patent infringement.

Firstly, you are needed to make sure that your patented product has been replicated literally. In other words your product should have been copied in all its features including the apparently insignificant ones. It is only in exceptional cases that an infringement that is not strictly literal is considered a genuine infringement of a patent. However, this requires evidence to the effect that there are substantial similarities and that the final effect that the imitated product creates is significantly similar to the original product.

Secondly, you need to have some type of direct connection with the patent in order to file a suit against the offender. In other words, you ought to be the owner or licensee of the product for being eligible to fight against its infringement. You would also be required to file a lawsuit within the time span stipulated by the limitation law of the country, after which any claim would become invalid.

Though, you have an option of prosecuting the manufacturer or even the user of the infringing product, you can file such a lawsuit only when the patent has not already expired. Once the span of patent expires, no legal action can be taken against any infringement.

Last but not the least, though patents are based upon the strict liability principle, you should keep in mind that the use of a patent for conducting research is allowed and it does not constitute an infringement.

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Points To Keep In Mind When Filing For A Patent

A patent allows you to protect your inventions from being infringed upon by unscrupulous people. However, in order to get the benefit of the safety given by a patent, you have to register your invention with the concerned officials.

Filing a patent application can often be a hard process. Given below are a few points to aid you in raising the chances of approval of your patent application.

The first and most important consideration is that your patent must establish itself as innovative, utilitarian and non-obvious (NUN). In other words, your concept ought to be innovative and should be capable of business viability as well as saleability, as no administration would want to bestow a patent for a useless invention. You must hence ensure that your invention is not similar to some other commercial product or should not be something that does not have a long term market worth. In addition, it should be non-obvious to other persons in that area of thought, in the sense that others must not be able to come up with/arrive at the same idea easily.

You are also required to furnish all important details of your invention at the time of filing the application. In a few cases, you might also be required to add designs of your invention in addition to the comprehensive description. This becomes critical in the wake of the fact that the patent officer will have to measure your invention with other comparable inventions to assess its patentability before granting a patent. A failure in doing this can even lead to a rejection of your invention even before a thorough assessment has begun.

The lengthy assessment involved in patenting makes it a longwinded and tedious process in many countries. Therefore, it is recommended that you take the assistance of a lawyer who focuses on the matters of intellectual property, especially in terms of patents law. This will help you save much time and energy and increase the chances of having your patent approved by the relevant authorities.

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