Patent Lawyers Chicago IL
The Law Offices of Konrad Sherinian, LLC is one of the foremost intellectual property law firms in Chicago IL. Whether you want to file for a patent or trademark, or protect your creation through litigation, we can help.
When you invent something new, the creation and your patent for it is likely to be one of your most valuable assets. Unfortunately, the lucrative element to these inventions can cause vulnerabilities, making your invention and patent prone to disputes, accusations, and the need for patent litigation. Whether you are enforcing your patent rights against another party or defending a claim of patent infringement made against you, our Chicago IL patent lawyers have the knowledge, experience, and dedication to guide you through the process and reach an outcome that you are seeking.
When you are granted a patent, there will be a set of claims which are the foundation of your patented creation. When another party makes, sells, imports, or uses your patented invention, there is likely to be an infringement. As soon as you find out that this is going on, you may have the right to sue the infringing party for monetary damages and an immediate cease and desist.
Types of Patent Infringement
In the US there are different types of patent infringement: direct and indirect. Direct focuses on activities relating to the:
- Patented invention
- Use of the patented process of the invention
- Offering the patented process for use
- Products obtained through the patent, but without the inventor’s permission
Indirect infringement occurs when a party indirectly infringes on your patented invention by:
- Supplying a party with an important element of the patent.
- Knowing they are using patented part or invention without authorized use.
Other types of patent infringement include, but are not limited to:
- Induced infringement
- Contributory infringement
- Wilful infringement
One of our Chicago IL patent lawyers will review your circumstances to determine what type of infringement has occurred and, using this information, can build a defense on your behalf.
Most Common Infringement Defenses Used By Defending Parties
When a party is being accused of infringement, they will typically use defenses such as:
- Your patent was not valid.
- You were dishonest on an application.
- You included misleading information within the patent.
- Your patent was used for illegal activity.
- Your patent violates other laws.
- It does not meet the patent filing requirements.
Regardless of what another party might be saying, our patent lawyers will be ready to fight for your rights, your patent, and your monetary assets.
Patent litigation in Illinois is a legal process the ensues after a claim for infringement of a patent has been made. In general, a settlement through mediation will be the first option, but if these negotiations do not work, litigation will be the natural course of action.
Patent litigation cases are very complex and require a precise type of lawyer who understands patents, litigation, and other subject matters. Winning a case requires more than holding a valid patent. Often, especially when the patent infringement is considered to be a borderline case, the party with greater resources, determination, and skill, will win. For this reason, it is important you hire a leading patent lawyer from The Law Offices of Konrad Sherinian, LLC.
How To Know If You Need a Patent Or a Trademark
When dealing with Intellectual Property, there are a few options to choose from when deciding how to protect your work. Perhaps you just designed new technology that you would like to put on the market but are unsure of how to properly protect it. Or, maybe you designed a symbol to distinguish your company from other similar companies and you want to make sure no one steals that symbol. You might not be sure if this should be patented or trademarked. For further information on what you can and cannot patent and trademark and to determine which route is right for you, read on for information from the patent lawyers Chicago, Illinois trusts.
Patenting Your Item
When you create an invention of some kind, you will typically want to go to the United States Patent and Trademark Office to apply for a patent. You may also want to speak with Chicago Illinois patent lawyers for legal advice. Why use a patent for an invention instead of a trademark? Because patents protect your invention. It legally says you are the owner of the right to prohibit anyone else from profiting off of your invention in some way. This includes preventing others from using, making, selling, and even importing your invention without permission or making an invention that is similar.
What Can You Patent?
There are many items that you can patent. In fact, the U.S. patent law states that someone who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.” Thus, what you patent must be an item (not an idea), it must be unique and new, it must be able to accomplish a task and be useful, and the invention cannot usually be an obvious invention. Common examples of items you can patent are:
- Computer Software
- Business Methods
- Sporting Goods, and more
Applying for a trademark is for a wholly different reason. When choosing to trademark, it is because you want to protect something like a design, a phrase, a symbol, or a word. One would trademark these because they can help distinguish a source of goods—like a business—from others. While a patent can last only for a set number of years (usually 15-20), a trademark is virtually everlasting, as long as you or your company continues to use it.
Do You Need To Go Get Your Trademark Registered?
Unlike a patent, you are not required to register a trademark in the same way that you would register a patent. There is such thing as a “common law” trademark that can be established on the idea that your “mark” is used in commerce. However, registering your trademark through the USPTO does have advantages. These are:
- A nationwide, legal ownership
- A notice that shows the public you own this trademark
- Your exclusive rights to use this specific mark for the services or goods you have
specified during registration
It may also be beneficial for you to speak with patent lawyers in Chicago, Illinois to ensure that you are protected moving forward.
How Can I Move Forward With My Patent Or Trademark?
Once you have determined whether you need a patent or a trademark, you can decide if you would like help from patent lawyers in Chicago, Illinois. Though they are not necessary, they can be an invaluable service when navigating the legal requirements of getting your item patented or trademarked and they can be particularly useful when you feel that your patent or trademark has been infringed upon. If you have any further questions on whether a patent or a trademark is right for you, or if you would like to set up a consultation with one of our patent lawyers in Chicago, Illinois, please call The Law Offices of Konrad Sherinian, LLC today at (630) 318-2606.
Get it Touch With a Respected Chicago IL Patent Litigation Lawyer
Patent litigation can be a long process. The patent lawyers Chicago IL clients recommend from The Law Offices of Konrad Sherinian, LLC will work hard to make your case as easy as possible, with an emphasis on reaching the result you desire. To learn more about our patent litigation services, please contact our office today.