Are you being sued for patent infringement? Patent infringement means you used someone else’s idea or invention as your own to either create the same product and sell it or claim it as your own. Because there are some patents that are rather similar, it can sometimes be hard to tell whether you are infringing on another inventor’s patentable idea or not. If you aren’t sure whether you are guilty of patent infringement or feel you are being wrongfully accused, you should consider speaking with a West Virginia patent and trademark lawyer before responding to the complaint that was filed against you.
How does a patent infringement lawsuit come about?
The best way to determine whether or not you are infringing on a patent is to have your patent lawyer compare your idea to that of the person who is accusing you. Lawsuits can raise a significant amount of questions and costs you tons so you want to be sure you have a professional handling the situation for you.
Some of the important documents you can use to compare whether you have infringed on someone else’s patent include:
- Patent claims
- Prosecution history
- File wrapper
- Prior art
Your West Virginia patent infringement attorney can help you understand what these documents are and how they can help prove you did or didn’t infringe on a patent.
What options do I have when it comes to responding to a lawsuit?
According to the United States Patent and Trademark Office (USPTO), you must formally respond when accused of patent infringement. Why? Well, if you fail to do so, the court could “enter a default judgement against you” and then you would be required to pay the necessary damages and/or stop infringing. But, if you feel you aren’t guilty of doing so, it is crucial you hire one of our patent and trademark lawyers immediately so they can take control of the situation and ensure you aren’t held accountable for something you didn’t do.
But, in terms of what your options are, whether you hire a lawyer or not, some include:
- Deny that the owner of the patent has proved you infringed on their idea.
- Negotiate with the patent owner for settlement of the lawsuit.
- You can attempt to invalidate the patent based on any references that show it is invalid.
How Can I Find a Patent Attorney in West Virginia?
Patent infringement can become a serious issue and should be addressed with help of a reliable and experienced West Virginia patent lawyer. We can help you find and retain an attorney now free of charge to help take the burden off your shoulders.
Our patent and trademark lawyers are able to provide their legal services regarding other issues or matters involving patents and trademarks aside from being accused of infringement. So, if you have a question about getting your idea patented or want to hire a lawyer to help you get your application submitted, we will gladly find a nearby attorney in your city who can provide this service to you.