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Guarding Against IP Rights Infringement: How the Law Helps You can turn to an intellectual property lawyer for help guarding your legal and financial interests for a unique creation to whose rights you’ve acquired. Still, a patent attorney in Houston can help you challenge any accusations of IP infringement you may be facing. Read on to understand how you can use the law to prevent theft or denial of your hard-earned artistic, scientific, or other intellectual inventions. Defining Patent Rights Infringement All use of intellectual property without permission constitutes an infringement. To prevent potential violations, the inventor or holder of rights to an intellectual property has to begin by notifying the entire world about the existence of the said rights. Providing notice hinders violation by making the owner’s IP rights known to persons that may inadvertently infringement on them. In addition, it brings additional legal merits, and when it becomes necessary to file an infringement law suit, the owner has a superior advantage.
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How to Notify About Rights to a Patent
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As an inventor, you can notify everyone one of your rights to it by marking your creation (such as a product) with the patent number that the Patent and Trademark Office assigned it. In case a patent is not yet approved, you may deter others from imitating its design by marking it with the label “patent pending.” Notice of trademarks and copyrights may be provided with appropriate labeling, such as using symbols (TM)and (C). Such a symbol is put on the specific creation and the mark or copyright is registered so that it’s added to government records. Course of Action in Case of a Patent Infringement You may turn to a federal court after an infringement for help reaffirming your rights to intellectual property. However, it makes sense to discuss the best course of action with your intellectual property lawyer prior to filing a lawsuit in court. A cautious and somber examination of your accusations before litigating in court is vital as some patent violation cases are expensive to prosecute. Likewise, upon subjection to the scrutiny of court litigation, there’s always the risk that some IP ownership rights will be invalidate or shown not be as extensive as the owner thought. Available Legal Remedies There are several possibilities when an intellectual property owner litigates in court and their claims are upheld. The infringing party may be ordered to halt their activity through a court injunction. The plaintiff may also be awarded money damages. Additionally, once the owner’s IP rights are upheld by the court, the infringing party may accept a license agreement. Under the said consensus, the infringer continues to exploit the patented product, but money goes to the reaffirmed owner.