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A Guide to Legally Securing Your Intellectual Property From Violations

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. Also, you’ll appreciate help from a patent attorney in Houston in defending any possible charges of IP rights violation. Read on to understand how you can use the law to prevent theft or denial of your hard-earned artistic, scientific, or other intellectual inventions.

Defining Patent Rights Infringement

Any unauthorized application of intellectual property is an infringement. To guard against possible infringement, the creator or owner of rights to any intellectual property must start by putting the world on notice concerning the existence of such rights. Giving notice helps forestall violation by making the owner’s IP rights visible to parties that may unintentionally violate 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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How to Indicate Rights to a Patent
Smart Ideas: Patents Revisited

After inventing something (for example a product), you can notify the world about your rights to it by marking it using a patent number allocated to it by the Patent and Trademark Office. In case a patent is not yet approved, you may deter others from imitating its design by marking it with the label “patent pending.” There are appropriate symbols that are used to give notice of trademarks and copyrights, including (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.

Steps to Take if a Patent Violation Occurs

You may turn to a federal court after an infringement for help reaffirming your rights to intellectual property. Yet, before going to court, it helps to talk to your intellectual property lawyer and determine if suing is the best step forward. A cautious and somber examination of your accusations before litigating in court is vital as some patent violation cases are expensive to prosecute. Similarly, after going through the analysis of court proceedings, there’s always the chance that certain patent ownership claims will be nullified or demonstrated not to be as broad-ranging as the owner believed.

Potential Legal Outcomes

Several remedies are available in case an intellectual property owner sues in court and their lawsuit succeeds. The infringing party may be ordered to halt their activity through a court injunction. The plaintiff may also be awarded money damages. 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.