Dealing with a patent infringer can be a difficult and overwhelming situation to navigate.
Knowing the steps to take helps you protect your rights and get the best possible outcome.
The top three steps to take when facing patent infringement include sending a cease and desist letter, filing an injunction, and engaging in settlement negotiations.
Watch the video and read this blog to learn more.
🛑 Step 1: Send a Cease and Desist Letter to the Infringer
The first step when confronting patent infringement is to send a cease and desist letter.
This letter warns the other party of possible infringement of your patent. It also outlines the action that must be taken to stop the infringement.
Many infringers respond positively to a cease and desist letter. Thereafter, the dispute is resolved amicably. However, sometimes cease and desist letters are not heeded, which means additional action must be taken.
🛑 Step 2: File an Injunction Against the Infringer
If the person or company infringing upon your patent does not comply with the cease and desist letter, you may then choose to file an injunction against them.
An injunction forces them to stop all activity related to the infringement of your patent until further notice.
This can help prevent any further losses while court proceedings move forward. Additionally, filing an injunction also serves as evidence of notice, which can increase any potential damages awarded after court proceedings have concluded.
🛑 Step 3: Settlement Negotiations/Mediation with the Infringer
In some cases, a lawsuit may not be necessary if both parties agree to enter into settlement negotiations or mediation.
Settlement negotiations involve both parties agreeing on a resolution outside of court proceedings that satisfies both parties’ interests without having to go through trial or arbitration proceedings which can often take months or even years before reaching a conclusion.
Mediation is an option towards settlement negotiations where both parties meet with a neutral third party who helps facilitate discussions between them in order to find common ground and reach a mutually-agreeable solution without involving the courts at all.
Patent infringement can cause significant financial losses for inventors who have invested their time and resources into perfecting their products or services only for another party to come along and copy it without their consent.
To protect yourself against such occurrences, understanding what steps need to be taken if this happens is essential so you know what options are available in order to protect yourself legally while also getting fair compensation for any losses incurred due to someone else’s actions.
By taking these steps—sending a cease and desist letter, filing an injunction, and/or engaging in settlement negotiations/mediation—you will ensure you get the best possible outcome for your case should someone try to infringe upon your patents without permission or authorization from you first.
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