You can pursue a claim if your patent is violated

| Sep 7, 2018 | Intellectual Property Litigation

You invented a new toy for children, and you were very excited about the potential it had as a product that could make you thousands, if not millions, of dollars. You designed it well and even had your own chemical formulas created specifically for the toy. You patented the chemical because it was unique, which is why you were surprised when another company came out with an almost-identical product.

The new product, which looked like yours give or take a few small details, not only works the same but also seems to have many of the same accessories. What should you do? Can you prove that your patent has been violated?

This is when it’s time to get the law involved. To begin with, you’ll need to see if the other party’s product came out before yours or at the same time. You’ll need to look into the chemicals being used to see if they are truly identical. It’s possible for two formulas to come up with similar results. Beyond that, you need to know if there is any way that your intellectual property could have leaked out to the public or other businesses. If so, then you need to stop that from happening and may be able to pursue a lawsuit not only against the company but also against anyone who gave away your secrets.

Working with new chemicals, products and ideas can become complicated in the world of business, but with a patent, you can protect what is uniquely yours. If that patent is violated, you have every right to file a lawsuit.

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