Understanding Patent Infringement and Intellectual Property
Understanding patent infringement also means understanding intellectual property. Obviously, the material inside my head, my thoughts, my feelings, and the brain activity that makes me who I am is mine.
However that is not all considered intellectual property.
Attorneys are constantly setting new precedent when it comes to patent infringement law dealing with intellectual property, as intellectual property is the material which comes from the stuff inside my head. Intellectual property covers everything from the creation of written material to software to recorded media. Lawyers from around the world have yet to come up with exactly what encompasses intellectual property and what doesn’t. No national or international agreement exists as of yet.
Attorneys have been able to agree on a case by case basis when patent infringement of intellectual property has occurred. It is basically the theft or copying of another’s idea, material, compound, or product and claiming it as your own. Marketing of material that is the product of patent infringement is very illegal, and is prosecutable, typically leading to high end awards for claimants. It may very well be a complicated sector of law, but patent infringement attorneys certainly know it when they see it.
There is a difference between copyrighted material and intellectual material, and these law does not necessarily apply the same way as copyrighted law, however they are also very similar. As an attorney explains, copyrighted material can be copyrighted by the author or producer in any stage at any time simply by placing the copyrighted symbol on the page along with the necessary information. It may be cataloged with the copyright office, but it is not required to be.
On the other hand, nobody can be guilty of patent infringement if there is no registered patent. A registered patent is necessary for it to occur. Patent infringement is determined by numerous other factors as well, not solely on whether or not there was a patent.
In the quest for a patent, a company or individual typically retains an attorney to validate that there is not already in existence a pending patent of the same caliber. This is referred to as a clearance search. After the clearance search is complete, the patent infringement lawyer then offers his legal opinion to the status of the invention and then to the likelihood of the product being a threat of patent infringement. After these steps are completed, the inventor then files a patent application. Only after the patent application has been published can there be any threat of it.
Unintentional patent infringement is still prosecutable. However, only if willful patent infringement is determined can the jury then award the claimant up to three times the actual damages plus legal fees. Involuntary patent infringement does not allow for such high damages, however, damages for losses, estimated losses, or potential losses are a possibility along with the right to demand removal of the product from commercial venues.
Because it comes with such heavy consequences, it is typically agreed upon that attorneys are hired by the company at the onset of any new project. Attorneys are able to provide the valuable insight into latent law that can help a company determine whether or not to proceed with a particular project.
It is possible to purchase insurance, which protects the inventor in the event that they accidentally overstep laws. However, patent infringement insurance policies generally demand that the inventor or the inventor’s company confer with a patent infringement attorney prior to purchase of the policy.
In the event that the attorney ill advised the inventor, the insurance then protects the inventor and his company from financial devastation. Although patent infringement attorneys are well versed in law and the practices of avoiding a patent infringement lawsuit, they are still human beings and it is possible for an attorney to make an error.
Being able to invent something new and to improve the world in one form or another is really an amazing gift. Of course, everyone wants their just desserts when they produce something that no one else has thought of. Laws are there to help protect free enterprise and to encourage the continuation of developments and inventions. Intellectual property is one of the highest assets we as human being are blessed with, and it is always positive when it is applied in good turn.
Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: http://www.toppatentinfringementlawyers.com or call 1-888-311-5522
Print This Article :
Random Posts
Comments
Leave a Reply
