What else can be more awful and frustrating than being sued for the patent infringement? Apart from being costly, it can be a source of intense and unnecessary stress. If the patent owner has claimed that you are infringing on the patent owned by them, they can file injunction against you. It prevents production of contested product while the lawsuit is underway. This process may sometimes take years.
It can cause a great financial burden since you are not only paying for the legal defense, but also losing the profit from products during proceedings. It can also be possible that your customers get sued for using patented products that can cost you few of the customers and ultimately lead to strained business relationships.
However, you don’t necessarily have to go through the above things. Preparation is the key for avoiding patent litigation. Read on to know the best ways to prepare for it!
How to prepare your best?
Whether the legislation is passed to safeguard the end users or not, mostly all the business owners are susceptible to the legal action related to patent. There are many things you can do to secure yourself from patent infringement lawsuit. The following steps must be taken by you right away!
- Being proactive!
Before you put any kind of product or service in the market, ensure to do thorough research to know whether that item has been patented or not. There are many sources allowing the customers to search image and text patents along with providing instructions on the right way to search.
With so much prevalence of patent infringement lawsuits, there have been many insurance companies offering protection to the businesses. It is termed as intellectual property insurance. This policy protects businesses when lawsuit is acted against them. Therefore, it becomes important for the businesses to put this insurance before any kind of legal action takes places against their business.
- Ask an attorney
If you receive any notice of suit or demand letter, make sure to consult the best patent litigation lawyers. While it is true that their services aren’t cheap, some of them can offer you free consultation that can help you determine whether you will be able to fight back. They have proper qualification and experience to help you out.
How patent infringement works?
Patents can be directly infringed or even indirectly. Direct infringement happens when a process or product incorporates all the independent claims of patent. It is generally complete copy of the original product.
Indirect infringement takes place when infringer has some knowledge of original patent. This is distinction from the direct infringement that doesn’t need any knowledge of original patent. Contributory infringement and induced infringement are two subcategories of indirect infringement.
While contributory infringement occurs when some party helps in selling or obtaining components that are used in another’s patent, the induced one occurs when someone assists another in act of infringement.
Before you start your business, make sure to check for existing patents to protect against the patent trolls. The above guide will surely help you get a better understanding about it.