Rogers, AR Patent Infringement Attorney
Creating unique intellectual property can be a time-consuming process. However, once a person or a business succeeds in creating a valuable type of intellectual property, it is necessary to protect this property from infringement. For example, a novel invention should be protected by registering it with the United States Patent and Trademark Office, although, this may not stop some parties from attempting to steal the invention. If your patent was infringed upon, you should consult with an experienced Rogers patent infringement lawyer.
At Gunn Kieklak Dennis, LLP, we can help you pursue an intellectual property infringement lawsuit against an individual or business that violated your patent rights. Our firm has worked with residents of Rogers, Fayetteville, Fort Smith, and across Northwest Arkansas, and we would be proud to work with you. To schedule a confidential legal consultation, contact Gunn Kieklak Dennis, LLP at (479) 717-9068, or contact us online.
Patent Holder Rights
A patent is an exclusive property right to an invention or a discovery. An inventor can gain this exclusive right by filing their patent with the United States Patent and Trademark Office (USPTO). There are three types of patents that an inventor can file to receive: design patents, utility patents, and plant patents.
According to the USPTO, a design patent is awarded to an inventor that creates an “original and ornamental design for an article of manufacture.” For example, if an inventor created an all-new look for a product that is already available to consumers, they can still be awarded a design patent. It is important to note that a design patent can only protect the aesthetics of an invention not the functional features of the invention.
A utility patent is given to inventors that create or discover a unique process, chemical formula, compound, or an invention that improves a similar invention. Unlike a design patent, a utility patent protects the functional portions of an invention. Utility patents are often preferred to design patents because the broad protections make it difficult for others to use elements of the invention without infringing.
A plant patent is a right reserved for inventors that create or discover a new type of plant life.
If an inventor is successful in receiving a patent, they receive the exclusive right to prevent other parties from replicating their invention. The inventor also gains the right to use their patent for commercial purposes. For example, a patent owner can lease a patent to a company to use for a limited amount of time. If a business or other party uses a patent without requesting permission from the patent holder, this is considered patent infringement.
To learn more about filing a lawsuit for patent infringement, continue reading and speak with an experienced Arkansas intellectual property lawyer.
Suing for Patent Infringement in Arkansas
Patent infringement can take several different forms. One possibility is that an infringer sells your invention to other parties without your consent. To ensure that you are protected when events like this occur, you must file a patent application with the USPTO.
When filing a patent application, it is important to note that the inventor that registers their invention first will be granted exclusive rights to the invention. This is true even if two applicants coincidentally create the same invention without borrowing ideas from the other.
If you own the rights to your invention, you can file a patent infringement lawsuit when your rights are violated by an infringer. To prove that a patent was infringed, a plaintiff must prove that the infringer illegally utilized various elements of the invention or the infringer had some involvement in the infringement of the plaintiff’s rights. For example, if a defendant helped smuggle items into the U.S. that violated a patent, this is considered infringement.
If a plaintiff is successful in their patent infringement case, they may be eligible for multiple legal remedies. Typically, an inventor is granted an injunction against the infringement of their patent. An injunction is a court order that states that a party must refrain from a certain activity or continue doing a certain activity. An injunction could be ordered to prevent a party from infringing upon your rights.
Other damages available for patent infringement can also include lost profits and other monetary damages.
Contact an Experienced Rogers Patent Infringement Attorney You Can Trust
If your invention was utilized without your authorization, you should contact an experienced Rogers patent infringement attorney today. At Gunn Kieklak Dennis, LLP, our intellectual property lawyers possess a wide range of experience litigating various types of patent claims, and we are ready to work with you. To schedule a confidential case evaluation, contact Gunn Kieklak Dennis, LLP at (479) 717-9068.