Patents enable an inventor to prevent unlawful use of his or her invention by other parties for their own economic advantage in an unlawful and unauthorized manner. They give the inventor the option to prosecute a person or a company for deliberate infringement of his patented product or its underlying process. However, you have to keep some important aspects in mind when going for a legal option against patent infringement.
Firstly, you must ensure that there has been a literal infringement of your product secured by patent. In other words, the alleged product must have imitated all aspects of your original product. It is only in certain special cases that an infringement that is not strictly literal is considered a genuine infringement of a patent. However, you will have to prove that the major aspects of the infringing product are same as the patented product in all respects and yield the same outcome as the patented product.
Secondly, you ought to have some kind of direct connection with the patent in order to bring prosecution against the offender. In other words, you have to be the owner or licensee of the patent for being eligible to defend the product. You also have to consider the law of limitation of the jurisdiction and take legal action within the time allotted for such cases, as otherwise the claim would be treated as invalid.
Although you can take legal action against not only the producer of the infringing product but also against the user of the product, any such action can be taken only while the patent lasts. After the termination of the patent date, no use of the product can be termed as a violation of the patent.
Last but not the least, though patents stand on the strict liability principle, you must remember that the use of a patent for research purposes is permitted and it does not constitute an infringement. - 42495
Firstly, you must ensure that there has been a literal infringement of your product secured by patent. In other words, the alleged product must have imitated all aspects of your original product. It is only in certain special cases that an infringement that is not strictly literal is considered a genuine infringement of a patent. However, you will have to prove that the major aspects of the infringing product are same as the patented product in all respects and yield the same outcome as the patented product.
Secondly, you ought to have some kind of direct connection with the patent in order to bring prosecution against the offender. In other words, you have to be the owner or licensee of the patent for being eligible to defend the product. You also have to consider the law of limitation of the jurisdiction and take legal action within the time allotted for such cases, as otherwise the claim would be treated as invalid.
Although you can take legal action against not only the producer of the infringing product but also against the user of the product, any such action can be taken only while the patent lasts. After the termination of the patent date, no use of the product can be termed as a violation of the patent.
Last but not the least, though patents stand on the strict liability principle, you must remember that the use of a patent for research purposes is permitted and it does not constitute an infringement. - 42495
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