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Patent violations typically occur when anyone other than the patent owner of an invention illegally uses the invention without permission. This can include selling, making, importing, or using the invention for commercial purposes. A patent will specifically state all prohibited activities of the invention that would qualify as patent violation or patent infringement. The violation must match at least one of these documented claims in order to be subject to legal action. Patents typically only protect the invention in the country in which it was patented, thus unauthorized use of an invention in another country may not count as a patent violation.
If a claim in a patent document matches the patent violation in question, it may be grounds for a lawsuit. Much needs to be taken into consideration, however, as patents have specific requirements and restrictions pertaining to the term in which the patent covers, the country or locations it covers, the claims covered, etc. If a patent violation is suspected, all of these aspects must be analyzed and reviewed. If a true patent violation is found, the violator can be subject to an injunction and/or a requirement to pay the inventor damages and other compensations or fees.
An experienced patent lawyer can help you through any litigation involved with patent violations. An attorney will help protect your rights to your invention and will help ensure no other competitor is unlawfully using, selling or manufacturing your patented invention. If a patent violation is suspected, an experienced attorney will fully analyze the situation and will help you take whatever legal action is necessary so that your rights are protected and you are fully compensated for your losses or damages.
If you suspect a patent violation and need an intellectual property lawyer, Attorney Search Network can help. Attorney Search Network can refer you to a skilled lawyer who can assist you in fighting against any patent violation.
If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Intellectual Property lawyer referral.