As mentioned last week on this blog, there are certain ways New York residents can protect their intellectual property rights. One of them is by registering a patent and there are three types of patents that can be registered depending on the type of work being protected. Registering a patent gives the patent holder certain rights, such as excluding others from using the work for their own benefit, either by selling, making or offering it. But what happens if someone infringes on a patent?
There are legal remedies available to the patent holder. As per 35 U.S. Code s. 281, the remedy lies in a civil action in a federal court. The patent holder may ask for an injunction and for damages. An injunction would require the infringing party to refrain from infringing the patent any longer. Damages could be awarded based on the infringement.
Even though a patent is presumed valid, the infringing party may try to defend their infringement by showing that the patent is invalid. This validity of the patent then becomes a question for the court to address. In addition to this, the other party may also try showing that the language of the patent does not protect the specific action that is being deemed infringement.
The best course of action may be to consult an experienced attorney while registering a patent to ensure there are no questions about validity or that the language can be all-encompassing. However, even when a patent has been infringed, New York residents may want to have an experienced attorney protecting their intellectual property rights.
Source: Legal Information Institute, “U.S. Code S. 281,” Accessed on March 7, 2016