Patent infringement is the situation that arises when someone uses, sells, offers to sell, or imports a patented invention without the permission of the inventor, manufacturer, or business.
When a person makes a product and sells the idea without the prior permission of the manufacturer or inventor, patent infringement occurs. It is very easy to do even if the inventions are patented. One of the reasons is that the patented inventions are public and everyone has easy access to the information related to that invention.
Even if it is easy and simple, it is illegal. If a patent holder gets to know about the patent infringement regarding his business inventions, he/she may decide to file the case in court and can sue you. The court will study the case carefully, will step into the detail, and will eventually stop the related illegal activity from further processing, using, or selling. The court also announces the punishment for the party who is using, selling, and importing the invention without prior permission of the patent holder. The punishment is in the form of a penalty usually the monetary award to the patent holder paid by the infringer. A patent holder can also have several claims depending on the various sections of the patent idea or invention.
Services Offered by Patent Infringement Lawyers
Competent, well qualified and talented Patent Infringement Lawyers are part of our team at “Sherinian Law”. We provide the all the services related to Patent Infringement to our clients, few services are as follows.
- Resolving the disputes between the Patent Owners and accusers of Patent Infringement.
- Guiding both parties that is the patent owners and accusers about the patent infringement rules and regulations.
- Obtaining relief for our customers in the USA in monetary terms as well as a ban on the products of accusers coming from different countries.
- Representing patent owners on different forums to regulate violation of patent laws
- Registering cases in the court for Patent Infringement on behalf of patent owners
- Developing a combined winning strategy with the Patent Owners to successfully execute the infringement cases in court.
Types of Patent Infringement
There are several types of patent infringement used by patent infringement lawyers to deal with the different kinds of patent infringement.
Direct Infringement
This kind of patent infringement occurs when an infringer creates a product without the permission of the patent holder.
Indirect Infringement
Indirect infringement occurs when an infringer is not directly involved in the patent infringement process. He/she may be forced to be involved in the process.
Willful Infringement
It is the type of patent infringement in which a person or a business intentionally uses and sells an idea or invention that is already protected by a patent. If a patent holder sues the person or a company, the court will award huge damage or punishment to the infringer.
Literal Infringement
An infringement in which each element of the claim has an identical correspondence of an infringing idea or a product.
Induced Infringement
In an induced infringement, an infringer is persuaded to get involved in the infringing activity.
Contributory Infringement
The type of infringement is when someone helps the infringer by providing a part of the product or innovative idea to infringe a patent.
Patent Claims Defined
if you know that someone is using your invention, and you know the patent laws of infringement, you might be looking for possible patent claims. In order to make a patent infringement claim, you will need something with which you can prove that you did not give any permission to the infringer. To initiate your patent claim, you can use your patent file as a primary source or document. Initializing a patent claim typically means that you are filing a case against someone while claiming that the person is infringing your patents.
You will be required to submit proof that the idea, product, or invention has been used by someone else without your notice and permission.
Important Point to Keep in Mind
It is really important to note if the case is actually a patent infringement. If the new idea is better and slightly different from the original idea, it can still be a patent infringement. A patent infringement lawyer can help you better understand the patent infringement laws and can guide you about your case.
Understand The Patent Infringement Key Terms
A patent infringement lawyer will help you in understanding technical terms related to your case and will help you in getting patent claims. There are a number of scientific and technical terms that are being used during the discussion of a specific patent infringement case.
Here are a few terms enlisted below that you must know while dealing with your patent infringement.
- Infringer
- Contributory Infringer
- Multiple Infringer
Let’s understand these three terms briefly.
Infringer
An infringer is someone who has used, sold, and offered someone’s patent without the permission of the patent holder. A person who is responsible for the patent infringement.
Contributory Infringer
A person who is responsible for the creation and selling of a patented invention, idea, or product is a contributory infringer.
Multiple Infringer
“Multiple infringers” is the term that is used only when two or more parties are involved in a patent infringement case.
Things to Consider While Filing a Claim
Being Patent Infringement Lawyers in Chicago, you must find the best patent infringement lawyer in Chicago who can guide you all about the application process and necessary documentation. He will also help you to understand the court procedures and will work on your case. The first thing that court usually does is the determination of the facts on which the case is relevant to the patent infringement. There are a few things you must consider while filing your patent claim.
- Patent holders should describe the case in a clear and concise manner. The words should be easy to understand.
- If you have filed a patent claim in the past, your current claim should be different from the claim previously filed by you or your patent infringement lawyer in Chicago.
- Patent specifications should support the patent claim in all aspects rather than changing it in any way.
- If the patent specifications can be interpreted in different ways, choose a way that is most suitable to make your claim valid in a true manner.
Required Time Period to File the Claim
A patent holder is required to file the case in court within a required time period. According to patent infringement laws, the patent holder can file a lawsuit within the time period of six years. In failing to submit your claim within six years, the court may fail to submit your claim due to not fulfilling the timeframe requirement