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How to Legally Protect Your Patent Rights Against Infringement With the help of an intellectual property lawyer, you can protect your legal and financial interests for something unique to whose rights you’ve created or obtained. 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. Defining Patent Rights Infringement Any unauthorized application of intellectual property is 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. Providing notice hinders violation by making the owner’s IP rights known to persons that may inadvertently infringement on 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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As an inventor, you can notify everyone one of your rights to it by marking your creation (such as a product) with the patent number that the Patent and Trademark Office assigned it. In case a patent is not yet approved, you may deter others from imitating its design by marking it with the label “patent pending.” Notice of trademarks and copyrights may be provided with appropriate labeling, such as using symbols (TM)and (C). The symbol is placed on the material in question before registering the mark or copyright so that it’s appended to the government database. What to Do in Case of an IP Violation You can go to a federal court to have rights to intellectual property enforced following an infringement. But before you file a lawsuit, be sure to consult your intellectual property lawyer and see if that move is in your best interests. A careful and sober evaluation of your claims before going to court is important since IP infringement lawsuits can be costly to prosecute. Also, once a patent ownership claim is put through the examination of court deliberations, there’s usually the possibility that it may be revoked or shown not be as far-reaching as the owner imagined. Available Legal Remedies When an intellectual property owner files a lawsuit and their prayers are upheld, several outcomes are possible. An injunction may be ordered by the court requiring the accused to stop their infringement. The claimant may also be awarded financial benefits. Additionally, once the owner’s IP rights are upheld by the court, the infringing party may accept a license agreement. In such an arrangement, the infringer continues to use the intellectual property but payments go to the legal owner.