If you are have patented something, or are looking to obtain a patent, you may want to be aware of what your rights are as a patent holder. Once a patent application is filed and accepted, the work doesn’t end there. It is important for you to understand your rights, and what you can do if you feel someone has infringed upon your idea or invention.
Intellectual Property Litigation
Intellectual rights are explicitly protected within Article One of the Constitution, and intellectual property litigation is concerned with any infringement or counterfeiting of any protected creations, discoveries, or otherwise created processes. If you worked with a patent attorney when filing your patent, it is a good idea to continue working with them to ensure any disputes that arise can be easily dealt with.
Since intellectual property is handled on both state and federal levels, cases that involve any infringement can be settled in both courts. Depending on the patent, it can also become an international concern which makes having an experienced lawyer on your side that much more important.
Types Of Intellectual Property Litigation
Intellectual property litigation can concern many things. Patents, trademarks, and copyrights can all be infringed upon and require legal action to rectify.
- Patents. Infringement of patents includes inventions, products, and designs; including the processes involved in their creation. When someone copies either the design, creation process, or otherwise recreates the likeness of the invention, intellectual property litigation arises. In many cases your lawyer will be able to handle many of these cases without much trouble for you, though cases can vary.
- Copyrights and Trademarks. Trademarks include things such as logos, names, sounds, or colors. While copyrights cover written material, art work, and musical compositions. As you can see there is a wide spectrum of things that these both can cover; as such trouble can arise. When someone holds a trademark, or copyright, it ensures that they alone have the right to use their creation, unless otherwise specified. Music, for example, can typically be used, provided the creator agrees, and received a royalty from the company utilizing their work. Misuse of anything covered can incur intellectual property litigation.
Licensing Disputes
As touched on above with music as an example. An individual’s protected work can be used by outside parties, depending on licencing rights. A licencing agreement is a type of contract in which the creator specifies who can use their work, and how. A dispute can arise if the creator feels the contract has been breached, or if terms haven’t been met.
Know Your Rights
If you are the holder of a patent, copyright, or trademark, it is essential to understand your rights so that your intellectual property rights aren’t infringed upon. It can be crucial to work alongside a lawyer throughout the entire lifespan of your patent. This ensures that your creations stay protected, and that any disputes can be quickly settled. Don’t take unnecessary risks when it comes to your intellectual property. Understand what you’re entitled to, and know how you can best protect what is yours.