Patent infringement can be a serious concern for many patent owners. For that reason, they are likely to want to understand what is considered patent infringement and what can be done about it if the patent owner believes it is occurring.
What is patent infringement and what are the consequences?
Patent infringement occurs when another party makes, uses or sells a patented item without permission from the patent holder. When patent infringement has occurred, the patent holder has important legal options and potential remedies.
The patent holder can bring a legal claim to stop the infringing party’s activities and may also be able to receive compensation for damages based on the unauthorized use of the patented item.
Intellectual property law consists of federal laws so a federal legal claim will need to be made in order to enjoin patent infringement and seek damages for the patent infringement.
Patent infringement claims must be brought within 6 years from the time the infringement took place. If a claim is not brought within 6 years, the patent owner will lose their ability to bring a claim so it is important to understand the timelines and limits associated with bringing a patent infringement claim. There are also different types of patent infringement claims that may be brought based on the nature of the infringement.
Patent litigation is often complex and technical and can present many challenges, which makes professional guidance valuable throughout the process. Because of that, it is helpful for patent holders to understand which legal resources can protect their important patent rights so that they can defend their patent when necessary.