If a patent is threatened, the owner may take legal action to protect the patent against infringement. Patent infringement arises when someone uses, sells or makes the item without permission. The patent holder can sue the infringer to stop their activities and receive compensation for unauthorized use.
Patent owners must file a claim within six years of the date of patent infringement. If the intellectual property lawsuit is not filed in this time period, the patent holder will be prohibited from seeking legal recourse for the infringement.
In an intellectual property lawsuit which alleges patent infringement, the infringer's defense typically claims that the patent is not valid. Reasons a patent may be invalid are as follows:
- Fraudulent information was included in the patent application
- The patent resulted from anticompetitive business activities
- The patent did not meet the requirements of non-obviousness and novelty
If your patent has been threatened, an intellectual property lawyer can help you build a strong case to counter the alleged infringer's defense. To contact an intellectual property attorney today, complete the free case review form on the right.