If your business finds itself in a patent dispute, and direct contact has not resolved the issue, seeking the help of a legal service provider should be your next step. Here is some basic advice and guidance to inform your choice of legal expert.
A patent is an official acknowledgement of you as the creator of a new design, product or process. The purpose of establishing a patent is to prohibit anyone else from making, using, selling or importing your invention without permission. Should another individual or business not comply with these restrictions, you have the right to take legal action against them.
A patent offers a very specific form of legal protection to the rights owner. For this reason, it is not possible to patent a work of literature, drama, music or art (these typically fall under copyright laws). Nor is it possible to patent a discovery, a way of doing business or even a new breed of animal.
There are generally two types of disputes involving patents. The first is a patent infringement dispute, whereby a third party unlawfully uses or copies your patent. The other relates to cases where the International Patent Office takes objection to an element of your patent or patent application.
Intellectual property infringement is a complex issue and requires the assistance of a specialist legal service provider. You may also wish to consider the location, reputation and cost of a firm before deciding on an expert to handle your patent dispute. Customer reviews can be particularly useful in establishing the right legal service provider for you.
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Patent disputes may be settled swiftly as a result of a cease and desist letter, or may involve a protracted court case. For this reason, legal service providers typically charge on an hourly rate or fixed fee with capped hours basis.
If you are the victim of an intellectual property infringement relating to your patent then you can turn to the International Patent Office for assistance. You can request an IPO hearing to resolve the issue or appeal to them for an independent verdict regarding the perceived infringement with the help of your legal service provider.
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