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Protecting your patent: Knowing how to fight

You went through the long process of obtaining a patent, and you're glad you did. Not more than a few months later, you found someone trying to use something you made; they reproduced your work to try to obtain a profit. The only problem is that you had no idea about the products. They're not of good quality, and it's beginning to affect your business.

Now that you know about the violation, you can begin to take steps to protect yourself. You have an opportunity to file a claim against the business violating your rights.

Patent holders generally receive a patent good from the day of issue and for 20 years following that date. This protects the invention for that period of time only, so others may use the invention as and when they wish following that time without the risk of violating the patent. If the patent is violated during the 20-year time period, then the owner of the patent can file a lawsuit to seek compensation for its use and to make the other person cease the use of the item.

Patents aren't self-enforcing. That means that you have no option but to file a lawsuit yourself if you believe another person is violating your patent. Typically, this means contacting your attorney and building a case against the person violating your patent. Then, the case has to be launched in federal court. If you are in that position, it's a good idea to look into filing a lawsuit. Our website has more on the steps you can take next.

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Costello Law Corporation

Costello Law Corporation
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Roseville, CA 95661

Phone: 916-520-3360
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