To decide if you have a patent infringement claim, you need to carefully look at what your patent states and compare it with the claim statements and the scope of another’s invention and/or process. If the claim elements match, or if the other party’s product falls within one or more areas of your patent claim, then an infringement has occurred.
Basically, a patent infringement happens when another party or company makes or sells an already patented invention without authorization from the patentee. When this occurs, a business attorney should be contacted for help determining the language of the claims and if there truly is a patent infringement and potential claim.
Once you have determined that another party is infringing on your patent, you can bring a patent infringement suit against the other party for:
- An injunction, or order to stop, the continuation of the patent infringement
- Compensation for damages the patent infringement caused
Even if the patent claims don’t match exactly, a court can determine if there was an infringement by applying the “doctrine of equivalents.” This means that the other party may still be held liable for infringing on your patent if their item or process is equivalent to your invention.
If you feel the infringing party is having an impact on your business, you may need to explore a patent infringement lawsuit. To find out more about patent claims, call the experienced Texas commercial litigation attorneys at the Voss Law Firm at 888-614-7730 today for a free case consultation and a free copy of attorney Bill Voss’s book, Business Disputes – Critical Information for All Business Owners.