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) 717-9068, 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 continue reading and speak with an experienced Arkansas patent attorney.
Filing for a Patent
Before you attempt to file for a patent, you should ensure that your invention is in fact, patentable. Gunn Kieklak Dennis, LLP can help you examine the elements of your invention to determine the likelihood of being approved for a patent.
An important part of determining the novelty of your invention is performing a search for public disclosures of inventions that are similar to your invention. For example, if you believe you discovered a new type of plant that was actually found six months ago, this would make your patent claim invalid. The USPTO has a thorough seven-step process that our firm can help you perform to ensure that you researched your invention thoroughly.
Once you perform a search of your invention and determine the type of patent you need (utility, design, or plant), you can begin the application process. Our firm is prepared to help you gather all the documentation necessary to file your claim with the USPTO.
Once your application has been submitted, you may be contacted by an examiner. If the examiner believes your application is incomplete, they will send a letter detailing all of the deficiencies of your application. After being notified of the deficiencies with your application, you will be given an opportunity to fix the issues or to contest the examiner’s deficiency claims.
If a patent applicant fails to respond to the examiner completely, their application could be abandoned, and they will have to file again.
Keep in mind that if you hired a patent attorney, the examiner would issue all letters to the attorney. That is why it is important to have an experienced attorney that will ensure that you are kept well-informed regarding the status of your patent application. Our firm has a wealth of experience handling patent claims, and we will provide you with the service you deserve.
If your patent application is approved, you will receive a Notice of Allowance. This notice discusses the fees that must be paid before your patent is issued and other procedural issues that must be resolved.
Once your patent is issued, you will have to pay maintenance fees to ensure the patent remains valid. If you allow the patent to expire, it may be difficult to pursue a patent infringement case against another person or business.
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 its 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 to 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) 717-9068, or contact us online.