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Guarding Against IP Rights Infringement: How the Law Helps You can turn to an intellectual property lawyer for help guarding your legal and financial interests for a unique creation to whose rights you’ve acquired. And when someone accuses you of IP infringement, a patent attorney in Houston can help you fight back. Below, we examine some legal interventions to guard against infringement or denial of well-merited artistic, scientific, or other intellectual property you created yourself. Defining Patent Rights Infringement Any exploitation of intellectual property without approval is an infringement. To guard against possible infringement, the creator or owner of rights to any intellectual property must start by putting the world on notice concerning the existence of such rights. Giving notice helps forestall violation by making the owner’s IP rights visible to parties that may unintentionally violate them. This also comes with additional legal perks, and puts the owner in a better position to sue in court for any infringement should that become necessary.
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How to Declare Rights to an IP
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As an inventor, you can notify everyone one of your rights to it by marking your creation (such as a product) with the patent number that the Patent and Trademark Office assigned it. In case a patent is not yet approved, you may deter others from imitating its design by marking it with the label “patent pending.” You may use designated symbols to provide notice of trademarks as well as copyrights, for example (TM)and (C). Such a symbol is put on the specific creation and the mark or copyright is registered so that it’s added to government records. What to Do in Case of an IP Violation You may turn to a federal court after an infringement for help reaffirming your rights to intellectual property. But before you file a lawsuit, be sure to consult your intellectual property lawyer and see if that move is in your best interests. A careful and sober evaluation of your claims before going to court is important since IP infringement lawsuits can be costly to prosecute. Similarly, after going through the analysis of court proceedings, there’s always the chance that certain patent ownership claims will be nullified or demonstrated not to be as broad-ranging as the owner believed. Potential Legal Outcomes There are several possibilities when an intellectual property owner litigates in court and their claims are upheld. The infringing party may be ordered to halt their activity through a court injunction. The plaintiff may also be awarded money damages. Also, after the claimant’s patent rights are reaffirmed in court, the infringing entity may agree to a licensing deal. Under the said consensus, the infringer continues to exploit the patented product, but money goes to the reaffirmed owner.