Patent Infringement Attorney in Washington, DC

Preventing others from copying the invention is the primary protection offered by patents. Whether done intentionally or not, incorporating a patented invention or doing so with an invention that is sufficiently similar to one can also be considered an infringement. A patent owner has the right to sue for damages in addition to preventing that company from using the patent.

Furthermore, a lot of businesses think that getting a patent guarantees total security against infringement. But when a patent is in danger, its owners must act more aggressively to protect their rights. Patent litigation relates to legal actions taken to defend patents from infringement; the outcomes may include monetary damages or an injunction prohibiting further infringement.

War IP Law’s experienced patent infringement attorney in Washington, DC, works with clients in managing intellectual property and sees the law of intellectual property as more than simply a job. We will strive to prevent intellectual property infringement, help our clients avoid it, and, if necessary, provide aggressive and cost-effective IP litigation and dispute resolution alternatives.

Contact us right away for further details about patent infringement.

Why do I need a Patent Infringement Attorney in DC?

Determining if there has been a patent infringement is a highly technical and complicated process. Patent lawyers who deal with infringement matters can assist you in obtaining a patent or giving you legal counsel regarding whether there has been an infringement.

If it turns out that your rights have been violated, a patent infringement attorney can advise you of the best course of action to pursue, determine whether or not your rights have been infringed, and, if necessary, represent you in court.

Hiring our trusted Washington patent litigation attorney who has the knowledge and experience to best present your arguments to the court and helps preserve your invention is in your best interests.

Contact us right away, and we’ll help you navigate the complex and strict procedural requirements for litigation while focusing on the important points in your patent case.

What is a Patent?

patent infringement attorney washingtonIntellectual property rights include patents. It grants its owner the legal right to prevent others from creating, utilizing, or selling an invention for a set amount of time. In return for this exclusive use privilege, the patent owner must publish a thorough disclosure of the invention. Patent rights are governed by private law in most nations, including the United States. To protect their right to exclusive use, a patent holder must file a patent infringement litigation. Patents can give their owners a significant competitive advantage in particular industries.

After the inventor submits a provisional patent application that outlines the invention’s concept, the United States Patent and Trademark Office (USPTO) issues a patent. An invention is regarded as patent-pending once a provisional patent application has been submitted by the inventor. At this point, the inventor has the right to bring a legal patent infringement action against anyone who makes use of a patent-pending invention.

The patent owner is then able to enforce the patent after the USPTO issues it legally. A patent expires after 20 years and needs to be renewed for additional years if the owner wants it to remain in effect. If the patent is not renewed, it expires, and the invention then becomes available for general use.

What Sorts of Inventions are Eligible for Patents?

An invention must typically be new, unique, and generally unobvious in order to qualify for a patent from the United States Patent and Trademark Office.

Depending on the work that the person intends to patent, various types of patents can be available, including:

  • Utility Patents: To obtain a utility patent, the invention must be somewhat useful.
  • Design Patents: Designs refer to those that affect the visual character of a product
  • Plant Patents: It is possible to patent newly created plants. The plant needs to be novel and non-obvious.

What can Invalidate a Patent?

There are several reasons for invalidating a patent. When the alleged infringer defends themselves by asserting that the patent is valid, a patent will frequently be found to be invalid as a consequence of a patent infringement suit. Typical grounds for invalidating a patent include the following:

  • The invention wasn’t actually patentable. The United States Patent and Trademark Office can invalidate a patent if proof can be provided that the invention lacked the required novelty, utility, or non-obviousness needed for the patent.
  • The patent was obtained fraudulently by someone. Regardless of whether an invention was patentable, it may be considered invalid if someone can prove that the patent was obtained by deceiving the USPTO.
  • The patent was used in committing crimes. The USPTO has the right to invalidate a patent if someone uses it for illegal acts.

What is Patent Infringement?

When an entity that does not possess a patent conducts an unauthorized use of a patented property, this is considered patent infringement. This could entail the creation of a patented property, its sale, or an offer to sell the subject matter of a property belonging to another entity.

Unauthorized parties using another’s patented property constitutes a patent infringement, regardless of the type of patent involved. A court often compares the subject matter covered by the patent with the subject matter utilized by the party who is alleged to have violated the patent in order to determine if patent infringement has taken place.

Asking a patent owner for permission to use their intellectual property is an acceptable alternative to engaging in patent infringement. As a result, the owner has the option to issue some kind of license to permit the use that a non-owner wants to make.

What are the Types of Patent Infringement?

Any manufacture, sale, or usage of a patented invention without the patent owner’s consent constitutes patent infringement. Patent infringement is frequently divided into two categories: direct and indirect.

Direct Patent Infringement

The most frequent kind of infringement, reportedly, is direct patent infringement. It is where a patented invention is made, used, or sold without permission.

Indirect Patent Infringement

The second type of patent infringement is indirect infringement, and there are two kinds of indirect infringement:

  • Infringement by Inducement: Any action by a third party that directly infringes a patent by another person is considered this. This can involve selling an invention that is protected by another’s patent, selling components that can only be used with a patented invention, or selling an invention that comes with usage instructions that violate a method patent.
  • Contributory Infringement: Another form of indirect patent infringement is this. It entails the sale of material components that were created only for use in patented inventions and are not suitable for other commercial applications. It is believed that contributing to an offense necessitates a greater degree of guilt. A seller must have intended to directly violate the patent in order to be found guilty of contributory infringement. An individual or entity can only be held accountable for indirect infringement if there was also direct infringement as a result of the indirect act.

What is Willful Infringement?

Direct and intentional copying, as well as continued infringement after notice, are all examples of willful infringement, which involves an intentional disregard for someone else’s patent rights. To make sure that their use of a patent is valid and non-infringing, inventors and users of patents should use patent attorneys. Even if later evidence of infringement is discovered, the attempt to obtain legal counsel shows that the violation was not willful.

If the court determines that the infringement was willful, the offender may be required to pay triple the actual damages that the patent owner actually experienced in addition to the plaintiff’s legal costs.

How to Find out if an Invention is Patented?

A person or company must submit an application to the USPTO in order for an invention or novel discovery to be granted patent protection. Searching the USPTO database is the only approach to finding patents that might be blocked. Please keep in mind that just because there isn’t anything exactly like your product available on the market doesn’t imply that it hasn’t previously been granted patent protection or at least something that is sufficiently similar to it.

To make sure that your business is not infringing on patents, you just need to look back 20 years, but it can be worthwhile to look even further. A good sign that a component is safe to produce is the existence of an older patent that covers all or a portion of the subject matter of your company’s product. You might want to think about submitting your own patent application if the product your company sells is actually new.

What are the Remedies for Patent Infringements?

An action for patent infringement must be brought in a civil court by the patent holder. Compared to other forms of lawsuits, patent infringement lawsuits can result in much greater damage awards. The owner of the patent may be entitled to damages under certain laws, such as the Patent Act. A patent infringement lawsuit may offer monetary relief, equitable relief, and perhaps costs and attorney’s fees as remedies.

Monetary Relief

Monetary relief for patent infringement is offered in the form of compensatory damages:

  • Compensatory Damages: When a patent owner has determined the patent’s worth, they are then eligible to recover lost profits for infringement.
  • Increase in Damages: In circumstances of willful or deliberate infringement, damages may be recovered up to three times the amount of compensatory damages.
  • Time Period of Damages: Damages may be sought after the date the patent was issued and for a period of only six years prior to the filing of the infringement claim,

Equitable Relief

Court-issued injunctions are orders that require or forbid a particular action. Two forms of injunctions are available:

  • Preliminary Injunctions: Early in a lawsuit, the court may issue orders or petitions preventing the parties from performing conduct that is in dispute (e.g., manufacturing a patented product)
  • Permanent Injunctions: Final orders of a court requiring a person or company to stop doing something permanently or to do something else

If the patent owner can show a strong probability of success in the lawsuit and a permanent injury incurred in the absence of injunctive relief, preliminary injunctive relief will be given. Additionally, the patent holder must provide a “clear showing” of validity, such as:

  • Prior judicial rulings concerning the validity of patents
  • Others in the industry have long accepted its validity
  • If the technical framework of the patent clearly demonstrates its validity

Permanent injunctive relief is typically granted to the prevailing patent owner unless it would be against the public interest.

If you want to file a patent infringement suit, consult our experienced Washington DC patent litigation attorney today!

Attorney Fees and Costs

Costs and, in the few instances where there has been willful infringement, attorneys’ fees are often recovered.

When is Infringement Acceptable under Patent Law?

According to patent law, infringement is authorized in the following instances:

  • Implied License:  An implied license to use a patented article is granted to the buyer upon the patent owner’s approval of the sale
  • First Sale: A buyer who purchases a patented article from an authorized seller is also given the right to sell that same article to a third party
  • Repair: A patented item’s owner is entitled to make repairs and replace any worn-out unpatented parts. After the item has been used up, the owner is not granted the right to reconstruct the item totally
  • Experimental Use: An individual can infringe a patent if they use it only for research and experimentation. However, the experimental usage is inapplicable if a patented item is used for profit.

Call Our Patent Infringement Attorney Now!

Unfortunately, not all patent disputes can be resolved through negotiation or mediation. You may need to hire a lawyer in some circumstances to act as your advocate. Keep in mind that you shouldn’t work with just any lawyer. Finding the best lawyers that are completely knowledgeable about patent litigation will help you succeed the most because patent law is a very specialized and technical area of the law.

Intellectual property law is complicated. Reach out to War IP Law and their knowledgeable Washington patent attorney if you are experiencing problems with patent infringement. This firm also addresses patent infringement cases.

Our law firm can assist you in registering and protecting your intellectual property rights since we have the facility, passion, and experience to help you. Schedule your “no-hassle” consultation on your patent infringement case today!