Plaintiffs conduct entitles it to damages and all other remedies at law.
Plaintiffs conduct entitles it to damages and all other remedies at law.
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To avoid patent infringement, you need to take three steps: Look for relevant patents related to your product. Review the claims of those patents that you found. Modify your product to design around those patent claims to avoid patent infringement.
This probably will require hiring a patent attorney. You should make sure to find an attorney who has handled patent infringement cases previously and who is familiar with your industry. Your attorney will file a formal complaint in federal court, explaining how the defendant has infringed on your patent.
Infringing a patent means manufacturing, using, selling or importing a patented product or process without the patent owner's permission. If someone infringes your patent, you can try to settle the dispute with them outside of court, or take legal action and claim damages against them. See resolving patent disputes.
When such accidental infringement occurs, patent law holds the infringer strictly liable. This contrasts with many areas of tort law where defendants are only liable if they act negligently.
In conclusion, patent infringement refers to the unauthorised use or manufacture of a patented invention without the consent of the patent owner. The Indian Patent Act, 1970 provides several remedies to address patent infringement, including injunctions, damages, and seizure, forfeiture or destruction.
These five steps can streamline the process and help you determine whether someone is infringing your patent. Step 1: Gather Evidence of Use. ... Step 2: Determine the Meaning of the Claim Terms. ... Step 3: Compare the Construed Patent Claims to the Evidence. ... Step 4: Identify the Infringers. ... Step 5: Develop an Enforcement Strategy.