Patents provide legal recognition to the right of an inventor to stop others from making use of his or her invention for their own advantage. They allow the inventor to bring in prosecution against any person or company that is caught making such unlawful use of his product or the process for its manufacture. However, you should keep certain things in mind when looking for a legal solution to deal with such an infringement.
Firstly, you must ensure that there has been a complete and perceptible infringement of your product protected by patent. In other words, the infringing product must have imitated all aspects of your original product. Although in certain exceptional cases where some of the features of the invention have not been copied, it can still be treated as an infringement. However, this requires strong evidence to the effect that there are enough similarities and that the final effect that the infringing product creates is notably similar to the original product.
Secondly, you cannot be a third party and file a suit against the alleged offender, which implies that you should have some direct connection with the patent. That is, you ought to be the legitimate owner or licensee of the patent for being eligible to defend the product. Further, in order to ensure that your suit will get a court hearing, you have to file the suit within the time prescribed under the limitation laws of your government.
You can take legal action against the manufacturer as well as the user of the product that you see as infringing your product, but you can do so only as long as your patent subsists according to law. No unlawful usage of the product can be considered an infringement after the expiry of the patent.
Regardless of the strict liability principle that patents are governed by, the use of a patented product for research work does not amount to an infringement under the current laws in most nations. - 29954
Firstly, you must ensure that there has been a complete and perceptible infringement of your product protected by patent. In other words, the infringing product must have imitated all aspects of your original product. Although in certain exceptional cases where some of the features of the invention have not been copied, it can still be treated as an infringement. However, this requires strong evidence to the effect that there are enough similarities and that the final effect that the infringing product creates is notably similar to the original product.
Secondly, you cannot be a third party and file a suit against the alleged offender, which implies that you should have some direct connection with the patent. That is, you ought to be the legitimate owner or licensee of the patent for being eligible to defend the product. Further, in order to ensure that your suit will get a court hearing, you have to file the suit within the time prescribed under the limitation laws of your government.
You can take legal action against the manufacturer as well as the user of the product that you see as infringing your product, but you can do so only as long as your patent subsists according to law. No unlawful usage of the product can be considered an infringement after the expiry of the patent.
Regardless of the strict liability principle that patents are governed by, the use of a patented product for research work does not amount to an infringement under the current laws in most nations. - 29954
About the Author:
Discover more about Trademarks and learn how does an Patents protection increase the net worth of your business very fast.
