Patent Litigation

In US, patents are conferred by the U.S. Patent and Trademark Office and are governed by federal law. They are obtained by inventors in order to prevent others from making, using, offering for sale or selling the object invented. It is the inventor’s way of keeping others from obtaining the benefit of his invention through any of the ways mentioned above.

Most patents have a 20 year term, beginning on the date when the patent application was submitted, though some have shorter duration. Everyday we deal with patented items, such as computers, automobile accessories, drugs and software programs, to name just a few. Because inventions are often a means of financial success, obtaining a patent for them is very important as is enforcing it.

When it is believed that a patent infringement has taken place, filing a lawsuit against the alleged guilty party is the typical action taken. Patent litigation is governed by federal laws and therefore, these cases are filed in the federal courts and really require the expertise of a lawyer or a patent agency, like InventHelp.

Two issues commonly raised by the defending parties in a patent litigation case is that their actions have no relation to the invention whatsoever or that the invention did not fall within the federal guidelines for patents. Also, because of the large profits some of these inventions can lead to, it isn’t that unusual for a lawsuit to go on for several years.

International Patent Litigation

If the patent infringement takes place in another country then the case becomes an international patent litigation. Aside from the United States and Japan, there are 13 jurisdictions that international litigation cases may take place. While this article is mainly focused on the individuals holding a patent, it is also a possibility that you may be accused of patent infringement by a person from another country. If so, you will need to hire an experienced patent lawyer to defend the action. Of course, the law is more complicated in this instance and your defense is best handled by an experienced patent lawyer as described in this article.

Why a Patent Lawyer is Necessary

Patent law is a highly specialized field and if you have a patent issue, it is very important to consult an attorney who has substantial knowledge and experience in the field. Be sure that you inquire about an attorney’s experience and be sure he has had significant success in these types of cases before signing a retainer.