Running a business is not as easy as some make it look. One of the most difficult things a company must do is protect its creations, inventions and other intellectual property by using patents. Companies all across the country are susceptible to patent infringement, which is why we will dedicate this post to explaining how you can protect against it in today's high-tech world.
One of the most common defenses used by a reported infringer is that the burden of proof lies on the holder of the patent to prove that the patent was infringed. The holder of the patent will be required to show evidence that his or her patent was infringed upon. If this the case in your situation, it's best to collect as much proof as possible against the suspected infringer.
When applying for a patent for your business, be sure to include as much information as possible and that none of it is fraudulent. You also need to ensure that the patent meets requirements of nonobviousness and novelty required for protection of a patent. Nonobviousness is defined as the invention is not an obvious variation or improvement of an already existing object. Novelty is defined as the invention being completely new. You must also make sure that your patent does not come from anti-competitive business activities.
There are multiple ways that someone can infringe upon one of your company's patents. Those ways include the following:
- Indirect infringement: This where one person helps another to infringe upon a patent.
- Direct infringement: This where a product protected by a patent is made without the permission of the patent holder.
- Literal infringement: where there is a direct link to the words in the patent and the product infringing upon the patent.
- Contributory infringement: This where a direct infringer is supplied with a part that does not have any substantial use without infringing upon the patent.
If you believe one of your company's patents has been infringed upon, contact our firm to discuss the situation and find out the steps you can take to remedy the situation and protect yourself in the future.