Inventors: Are You Abiding By Patent Infringement Laws?
As an inventor, protection in the form of a patent is always going to be a priority.
But what are the laws around patent infringement?
How do you know if you're walking a straight line and staying in the 'safe zone'?
Defining Patent Infringement
Invention patent infringement is a violation that occurs as a result of the unauthorized and unsolicited sale, use or production of an already patented invention or invention idea.
Infringement also applies to offers for sale of an already patented invention.
The establishment of patent infringement laws ensure that other inventors and manufacturing companies can not reproduce, use or sell an invention or invention idea without the original inventor’s permission, waiver or license.
With a valid patent for an invention, an inventor holds the sole right over the invention. By law, others are exempted from practicing or using the claimed invention or invention idea without prior permission.
An invention is usually covered by a patent for a maximum period of 20 years, starting from the date the patent application was filed with the United States Patent and Trademark Office (USPTO). Any party that uses or sells an invention that has been patented, within the patent term, and without prior permission of the original inventor, infringes on the patent of the said invention or invention idea.
The party that infringes on an invention patent is culpable by law. It should however be noted that a patent issued by the USPTO is only valid and effective in the United States.
Specifically, a party infringes on a patent if said party sells, uses, offers to sell or imports a patented invention or invention idea without the permission of the patentee. Yet, an infringement action cannot begin if the invention patent has not been issued.
However, a provisional patent application grants an inventor adequate protection for his invention or invention idea, prior to the issuance of a patent for the invention.
With a “patent pending” status, the inventor can still get fair royalties in damages for any activity that infringes on his sole right on the invention before the issuance date of the patent.
Do you have an idea for an invention or new product and are looking for a safe, trusted place to start? We are the best resource on the web for invention idea help.
Before Claiming Damages Over Provisional Patent Applications...
To adequately determine whether an infringement on a patent has taken place, the court often compares the subject matter covered in the original patent with the infringer’s subject matter.
A viable patent infringement occurs when the infringer utilizes the exact same subject matter as that used by the original patentee.
The success of a patent litigation depends largely on the identification of the right party to sue for the patent infringement. Patent infringement comes in different forms, and the obvious infringer is not entirely always the right party to sue.
Don't Break The Law...