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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You may very well have come up with your product on your own, without outside inspiration. But if another person had the same idea and patented it before you?or patented a component utilized by your product?you will be committing patent infringement if you attempt to market your invention.
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 a case of direct infringement, the patent holder must prove that the defendant made, used, sold, offered for sale or imported the claimed invention. Direct infringement can be proven through literal infringement or through the doctrine of equivalents.
Consider a Freedom-To-Operate search. Also known as an FTO search, this type of patent search will analyze live patents and determine your risk of infringement. If a high risk of infringement exists with any particular patents, there might be a way to design around the claims by modifying your products.
Start by identifying the potential infringement, consult with a patent lawyer, potentially send a cease and desist letter, and if necessary, file a patent infringement lawsuit. Each step is crucial in effectively protecting your intellectual property rights and preventing further unauthorized use of your invention.