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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. Here, we look at ways the law may prevent the stealing or withdrawal of any of your well-deserved artistic, technological, or other intellectual creations.

What Patent Rights Infringement Means

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. Giving notice helps forestall violation by making the owner’s IP rights visible to parties that may unintentionally violate them. It also introduces several extra legal benefits, and it gives the owner an advantage when prosecuting any violation in court, should it become necessary.
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How to Declare Rights to an IP
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Once you’ve invented anything (a commodity, for instance), be sure to mark with a patent code allotted to it by the Patent and Trademark office as declaration of your rights to it before everybody. In case a patent is not yet approved, you may deter others from imitating its design by marking it with the label “patent pending.” There are appropriate symbols that are used to give notice of trademarks and copyrights, including (TM)and (C). The labeling is added on the invented material and the mark or copyright is registered to be introduced to government records.

Steps to Take if a Patent Violation Occurs

You can go to a federal court to have rights to intellectual property enforced following an infringement. Yet, before going to court, it helps to talk to your intellectual property lawyer and determine if suing is the best step forward. A clear-headed and painstaking assessment of your claims before using in court is necessary because patent infringement claims can be costly to litigate. Similarly, after going through the analysis of court proceedings, there’s always the chance that certain patent ownership claims will be nullified or demonstrated not to be as broad-ranging as the owner believed.

Potential Legal Outcomes

Several remedies are available in case an intellectual property owner sues in court and their lawsuit succeeds. A court may issue an injunction demanding the infringing party to halt what they’re doing. The plaintiff may also be awarded money damages. Also, after the claimant’s patent rights are reaffirmed in court, the infringing entity may agree to a licensing deal. With such a deal, the infringer does not stop using the patented property, but the rightful owner receives the payments.