How To Assert Your IP Rights
So you have worked with your intellectual property attorney to ensure that you have properly registered your IP but you have discovered that it is now being used by a competitor or that what your competitor is doing is so similar to your patented process that they must be infringing your patent. What do you do?
You need to act fast to contain the problem. Theft of your IP can mean disaster to your business. If you suspect that your intellectual property has been stolen, call War IP Law, PLLC today. We can help.
Failure to Assert Your IP Rights
Let’s say that you discover someone is using your IP without your permission. If you have knowledge of them, or if you should have knowledge of them using it, but do nothing, you may be watching your intellectual property rights slip away. Your silence on the matter may raise the argument that you waived your claim to the IP by knowing about its use and doing nothing. However, this does not mean that you need to initiate a lawsuit. There are several alternatives that you may pursue first.
Using a Cease and Desist Letter to Stop IP Theft
The first step in putting a stop to someone else’s use of your intellectual property is to contact your IP attorney. Your IP Attorney may send a Cease and Desist letter. Alternatively, your IP attorney may call the offending party and make a verbal demand for them to stop using your IP but that should always be followed by a Cease and Desist letter.
A cease and desist letter will say, in essence, “stop using my intellectual property or I will sue you.” If your IP was used by mistake or out of some misunderstanding, your IP attorney can often resolve the matter here. Usually, sending a cease and desist letter is far more cost effective than immediately filing a lawsuit. However, at other times it may be preferable to file a lawsuit before the Cease and Desist letter is sent.
Offer a License for Your IP
When your IP has been misappropriated, your intellectual property attorney may suggest offering the offending party a license to continue to use your work. A license grants them specific, limited use of your work while preserving your rights. You may negotiate a charge for the license which will allow you to profit from the offender’s use of your work. This may be a better solution for all concerned than litigation.
Contact Our Washington, D.C. IP Attorney
There may be additional options available to you, but the important thing is that you act fast to protect your intellectual property. Our Washington, D.C. IP attorney can assist you with IP matters in the United States no matter where in the world you are located. We will help you protect your IP and properly assert your intellectual property claims. Call us today.