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Understanding patent infringement

WEINER LAWInsightsUnderstanding patent infringement

Business Litigation Defense Friday, March 16, 2018

When you are a patent holder in New Jersey, it is typically in your best interests to protect this patent. At the Weiner Law Group, LLP, we understand it is important for you to know when this patent has been infringed and what action you can take.

According to FindLaw, if someone sells or makes your patented item without first gaining your authorization, this person has committed patent infringement. This infringement can usually come in several forms. You typically commit contributory infringement if you knowingly help another person infringe on the patent but have not violated the patent yourself. Direct infringement means that you may have used the patented item without authorization. If you are charged with literal infringement, this means that you took words from the patented item and used them in a different context. Intellectual infringement usually refers to times when you assist someone with patent infringement.

If you suspect that someone has committed a form of patent infringement, you typically have six years to report the incident. You usually need to demonstrate how the patent has been infringed and that your patent is registered with the U.S. Patent and Trademark Office. You may also need to explain how your business has been harmed because of the infringement. Additionally, you may sometimes need to show that a person intentionally ignored your patent rights.

Patent infringement can occur if you have made a logo specific to your company or designed a new way to manufacture a product. Sometimes this may also cover works of art. More information about this subject can be found on our webpage.

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