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A patent is a legal privilege granted to the patent applicant by the government of a specific jurisdiction for his or her innovation. Due to the legal character of patents, numerous legal proceedings are connected to them from the time of filing until the patent expires.
Additionally, there are timelines associated with each legal event. As a result, it’s critical to be informed about all legal developments involving both competitors’ and your own held patents. Utilising the legal environment to secure a competitive advantage, would aid in staying ahead of the competition.
Over the years, technology’s importance in businesses has multiplied. As a result, businesses that develop new technology frequently get patents to safeguard their inventions. The increase in patents has also increased the number of chances for patent licensing & patent litigation cases.
Companies who are subject to infringement lawsuits or seek to avoid them frequently choose to conduct patent invalidity searches so that they can invalidate the competitor’s claims and avoid punitive damages. Also, Claim Charts are prepared to ensure that all claims get mapped properly.
Patent Litigation is a legal procedure when one party sues another as for using a patent without a proper license. In order to recover monetary damages and obtain an injunction against the infringement, a patent owner may file a lawsuit in federal district court against a business or person.
According to 35USC 286, the patent holder has six years from the date of infringement to file a lawsuit. The validity and structure of the patent’s claims are the only things that are contested during a patent litigation. If any of these are determined to be incorrect, it could result in a non-infringement finding or a patent revocation and a litigation loss.
Patent litigation is crucial for preventing infringement and violation of your patents rights. Even if you have a patent, you might not always be safe from infringement. If you think someone has exploited your invention without your permission or license, you can sue them in court using a patent lawsuit.
Patent litigation, however, is time and money consuming. In most cases, a huge corporation is the defendant while a small business is the plaintiff. Due to this, the plaintiff has a challenging legal situation.
Whether our clients are Plaintiffs or Defendants in a lawsuit, we at Wissen Research have years of expertise safeguarding their interests. Our litigation team is made up of competent IP experts who have vast experience in patent litigation support resolving complicated matters for our clients. Our specialists work closely with clients to determine the complexities in a case and provide the best advice available.