Fayetteville, AR Patent Infringement Lawyer
Creating an original invention could take years of development. Once you develop an invention, you must then register it through the rigorous process performed by the United States Patent and Trademark Office (USPTO). After enduring these difficult steps, the last issue you want to deal with is another person or company infringing upon your hard-earned patent. Unfortunately, patent infringement is a more common issue than you might believe. If your patent was illegally appropriated, you should consult with an experienced Fayetteville patent infringement lawyer today.
At Gunn Kieklak Dennis, LLP, our patent lawyers understand the hard work necessary to have an invention patented, and we will help you hold an infringer liable for their actions. Our dedicated legal team will provide you with the aggressive legal representation necessary to protect your patent. To schedule a confidential legal consultation to discuss your claim, call Gunn Kieklak Dennis, LLP at (479) 439-9840, or contact us online.
Types of Patents
A patent is a property right that is granted by the United States Patent and Trademark Office. According to the USPTO, this property right allows the patent owner to exclude other parties from “making, using, offering for sale, or selling” their patent in the United States. It also permits the patent owner to prohibit the importation of an infringing invention into the country.
A patent can be divided into three categories: design patents, utility patents, and plant patents. A design patent protects an invention that is based on a novel or ornamental design of an item that has a practical use. For example, if you created an invention that greatly redesigned the traditional model of a vacuum, you may be able to obtain a design patent. Utility patents protect a new process for completing a certain task, like creating a new formula for manufacturing a drug. Plant patents are granted to any individual who discovers or creates a new form of plant life.
The term of a patent will typically last about 20 years from the date the patent owner filed an application to protect their invention. Under certain circumstances, it may be possible to renew the term of a patent.
To learn more about types of patents, you should speak with an experienced Arkansas patent attorney.
How to Prove Your Patent Infringement Case
As mentioned, the infringement of a patent requires the unauthorized use, sale, or importation of an invention that infringes upon the rights of the patent owner. Patent infringement could take many different forms. For example, it is possible for two companies to produce the same invention without usurping the ideas of the competitor company. In this scenario, the company that successfully files their patent application first will hold the property rights to the patent.
It is also likely that another company could be purposely infringing on your patent. Some companies may continue appropriating a patent because they assume that the owner will be unwilling to file a claim. Other issues that could make a patent infringement case difficult is if your patent is being infringed in another country. Patent owners should consider filing a patent application in countries where their invention has the potential to become popular. This will allow a patent holder to assert their rights within and outside of the United States.
To prove your patent infringement case, you must show that the defendant either directly infringed your patent, played a role in the infringement of your patent, or persuaded another to violate your patent rights.
There are various legal remedies that are available if you can prevail in a patent infringement case. For example, you may be able to request an injunction that bars the defendant from continuing to utilize your patent. An injunction is a court order that demands a party take a certain action or refrain from taking a particular action. You can also pursue an award for damages due to the illicit use of your patent. Damages for patent infringement may be based on the amount of monetary gain derived from the illegal appropriation of your patent.
Infringement cases are primarily handled in federal court. This is why it is important to have an experienced attorney who has extensive knowledge of the processes of federal court.
Our Arkansas Patent Attorneys Can Help You Pursue an Infringement Claim
If another business infringed your patent, you should contact an experienced Arkansas patent attorney today. The infringement attorneys at Gunn Kieklak Dennis, LLP possess years of experience litigating a wide variety of intellectual property cases that we will use to represent you. We have represented individuals and businesses in Fayetteville and across Arkansas, and we would be proud to represent you. To schedule a confidential legal consultation, call Gunn Kieklak Dennis LLP, at (479) 439-9840, or contact us online.