Claiming on an intellectual property can be tricky since it needs certain document or documents to prove the ownership. Intellectual property comes in three categories. The first is patent which refers to material things such as the invention of the machine and the other tangible things. The second one is the copyright. This refers to the intellectual property that falls in musical, literary, and artistic pieces. Paintings, songs, novels and poems go with this. The last one is the trademark- which covers the name of a company, logo, symbol, and brand. When you happen to be alleged of using other people’s IP, it is safe for you to stay calm and take action on figuring out if the complaint makes sense. Some plaintiffs and lawyers take advantage, in this case, to collect a certain amount as fine from the accused. It is important that you know how to defend yourself in times like this, especially when you are not doing anything against their rights. To get through with this complaint, read the text below.

  • Read the letter of complaint thoroughly. The complaint usually comes with a document, and so you have to read it carefully. Take note of the important details regarding the allegations, and the company or individual who raised the issue. This might have something to do with your current activities or just one of the “take advantage modus” of the plaintiff.
  • Identify what IP right infringement has been alleged to you. Be keen with the complaint. You must be able to deduce the message on a clear view why you were alleged for such violation. This should include the particulars of the complaint, and how you did commit such infringement.
  • Look for proofs regarding with their claim and a violation on your part. Next thing to do is to ask for a document that proves they own such IP. Whether it is a patent, copyright or trademark, you need to ask for such evidence to justify their complaint. If they can’t provide it, then maybe they are just using such issue to get some amount from you.
  • Identify their means of settlement. On the same letter, take note if they have mentioned a way of settlement. Other plaintiffs demand for fine and others want to raise the issue on a higher degree such as in court. If they were able to prove that you have committed infringement on their IP, you might consider having the issue settled on payment. Bringing the issue on the court would cause much on your part on top of spending your time attending the hearing.
  • Check the dated deadline for the settlement. Read the letter again and see the deadline they’ve indicated on the complaint. You should come up with a way how you could deal with it before the time. So ideally, you must take action on the issue after receiving it.

When dealing with IP complaint, it is important that you read the letter thoroughly. This will help you identify the details of the complaint and why it is being raised to you. Knowing the infringement allows you to come up with a solution how you could handle the issue. Another piece of advice is seek an experienced lawyer regarding with handling of IP cases so that you will be properly guided with the next action you’ll be taking.…

When an inventor has discovered a product or process that solves a technological problem, they are granted a set of exclusive rights known as a patent. Once the patent is granted it excludes others from making, selling, using and offering for sale the patented invention for the life of the patent. Even with a patent in place, there are those that may try to skirt around the law and infringe on a patent.

Your Rights and Responsibility
Because a patent is intellectual property, it is governed by federal law, therefore the patent holder must sue the infringing party in federal district court. Patent holders must bring their infringement claims within six years of the infringement. Next, the infringer will counter that the patent is not valid. They are a few reasons why a patent would be deemed invalid, as the patent holder it is important to remember that YOU bear the burden of proof to prove the defendant infringed the patent.

Long Road Ahead
Patent litigation is a very long road; uphill, in the rain, and the snow with a giant at the top looking to knock you back down. On top of the length of these cases, they are also very expensive and most times the defendant is a big corporation with deep pockets and a hefty knowledge of the patent litigation process. It's important to remember that if your patent is infringed upon, there aren't a lot of options other than patent litigation, so gear up for the long haul and get yourself a patent litigator.

Litigation Counsel
Patent litigation is war and you want and need a seasoned general to navigate you through the battlefield to victory. There are many law firms out there that will be able to handle your claim, be sure to do your research and ask questions. If your litigation is successful there are several possible outcomes you may encounter:

• Injunction Relief
• Exclusion Order

Injunction relief is one of the core goals of a claim for it ceases production and/or sale of the infringing product. If the patent owner is an “efficiently-run domestic industry,” then they can get an exclusion order, which will stop the infringer from importing products that use the infringed patent.

If you win, you are entitled to monetary damages. A good litigator may also be able to negotiate a settlement too.

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